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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

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£ 4 bt-AjLu- 
ORDINANCES AND RESOLUTIONS 

OF THE 

Mayor and City Council 

OF BALTIMORE 
PASSED AT THE ANNUAL SESSION 1982-1983 




Baltimore 

Ed Early Printing Co., Inc. 

City Printers 

1983 



x 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 
1981-1982 



No. 856 
(Council No. 1211) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the properties located at 717-733 N. 
Broadway and 1707-1711 E. Madison Street as outlined 
in red on the plats accompanying this ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 4.10-1 (d) and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area on the properties located at 717-733 
N. Broadway and 1707-1711 E. Madison Street as outlined 
in red on the plats accompanying this ordinance, under the 
provisions of Sections 4.10-l(d) and 11.0-6d of Article 30 
of the Baltimore City Code (1976 Edition, as amended) 
title "Zoning". 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 



4 ORDINANCES 0rd - No - 857 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 857 
(Council No. 1234) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
HOME FOR ALCOHOLIC PERSONS 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of a non-profit home 
for the rehabilitation of non-bedridden alcoholic persons 
on the properties known as 824, 826 and 828 N. Eutaw 
Street as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 6.2-1 (d) and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted to Quarter- 
Way Houses, Incorporated, for the establishment, mainte- 
nance and operation of a non-profit home for the rehabil- 
itation of non-bedridden alcoholic persons on the properties 
known as 824, 826 and 828 N. Eutaw Street, as outlined 
in red on the plats accompanying this ordinance, under 
the provisions of Sections 6.2-1 (d) and 11.0-6d of Article 
30 of the Baltimore City Code (1976 Edition, as amended) 
title ""Zoning". 

Sec. 2. And be it further ordained, That whenever the 
continuous operation of such use ON ANY PROPERTY 
has been discontinued for a period of twelve (12) con- 
secutive months, it shall not be thereafter re-established 



ORDINANCES 5 

AS TO THAT PROPERTY unless a new ordinance is ap- 
proved by the Mayor and City Council of Baltimore. 

SEC. 3. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are admin- 
istering the Zoning Ordinance, the President of the City 
Council shall sign the plat and when the Mayor approves 
the ordinance, he shall sign the plat. The Director of Fi- 
nance shall then transmit a copy of the ordinance and 
one of the plats to the following: the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community 
Development and the Zoning Administrator. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 858 
(Council No. 1255) 

iAN ORDINANCE concerning 

REZONING— 2103 THROUGH 2115 ALLENDALE ROAD 

FOR the purpose of changing the zoning of the properties 
known as 2103 through 2115 Allendale Road from the 
R-4 to the R-6 Zoning District as outlined in red on the 
plat accompanying this ordinance. 

iBY amending Zoning District Maps 
•Sheet Nos. 32 and 42 
Article 30 — Zoning 
'Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets Nos. 32 and 42 of the Zoning 



6 ORDINANCES Ord. No. 859 

District Maps of Article 30 of the Baltimore City Code 
(1976 Edition, as amended), titled "Zoning" be and they 
are hereby amended by changing* the properties known as 
2103 through 2115 Allendale Road from the R-4 to the R-6 
Zoning District as outlined in red on the plat accompanying 
this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the 
ordinance he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of 
the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commis- 
sioner of the Department of Housing and Community De- 
velopment, and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 859 
(Council No. 1299) 

AN ORDINANCE concerning 

CITY PROPERTY— OPENING, WIDENING, 

GRADING, CONSTRUCTION AND MAINTENANCE 

OF THE WALBROOK STREET IMPROVEMENT 

FROM GARRISON BOULEVARD TO HILTON STREET 

FOR the purpose of authorizing the acquisition by pur- 
chase or condemnation by the Mayor and City Council 
of Baltimore of the fee simple interests or such other 
interests as the Director of The Department of Public 



ORDINANCES 7 

Works may deem necessary or sufficient, in and to 
certain pieces or parcels of land situate in Baltimore 
'City, for highway and other municipal purposes, namely 
for the opening, widening, grading, construction and 
maintenance of The Walbrook Street Improvement lo- 
cated in the vicinity of Clifton Avenue extending from 
Garrison Boulevard, Easterly to Hilton Street and au- 
thorizing the acquisition by purchase or condemnation 
of any property, rights, interests, easements and /or 
franchises necessary in the opening, widening, grading, 
construction and maintenance of said Walbrook Street 
Improvement; and authorizing the making of all neces- 
sary agreements concerning said Walbrook Street Im- 
provement; and authorizing the construction of said 
Walbrook Street Improvement; the location and course 
of said Walbrook Street Improvement being shown on 
a plat thereof numbered 340-A-12B prepared by the 
Surveys and Records Division and filed in the Office 
of the Director of The Department of Public Works 
on the Fifteenth (15) day of September, 1982. 

BY authority of 

Article I — General Provisions 

Section- — 4 

Article II — General Provisions 

Section— 2 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase 
or condemnation for public highway purposes, namely, 
for the opening, widening, grading, construction and 
maintenance of The Walbrook Street Improvement located 
in the vicinity of Clifton Avenue extending from Gar- 
rison Boulevard, Easterly to Hilton Street; the fee simple 
interests or such other interests as the Director of the 
Department of Public Works may deem necessary, in 
and to the pieces or parcels of land, situate in Baltimore 
City, including the improvements hereon, bounded as fol- 
lows: Beginning for Parcel No. 1 at the point formed by 
the intersection of the southwest side of Garrison Boule- 
vard, as now laid out 80 feet wide, and the northeast side 
of Windsor Mill Road, as now laid out 40 feet wide, and 
running thence binding on the northeast side of said Wind- 



8 ORDINANCES Ord. No. 859 

sor Mill Road, North 67 -5r-34 /, West 37.00 feet to inter- 
sect the northwest side of Garrison Boulevard, as realigned ; 
thence binding on the northwest side of last said Garrison 
Boulevard, North 38°-39'-39" East 30.50 feet to intersect 
the southwest side of Garrison Boulevard mentioned firstly 
herein and thence binding on the southwest side of Gar- 
rison Boulevard mentioned firstly herein, South 21°-56'-40" 
East 40.71 feet to the place of beginning. 

Containing 540.93 square feet or 0.0124 acre of land, 
more or less. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the west side of Hilton Street, as now 
laid out 66 feet wide, and the north side of Clifton Ave- 
nue, as now laid out 66 feet wide, and running thence 
binding on the north side of said Clifton Avenue, South 
87°-20'-40" West 8.85 feet to intersect the west side of 
Hilton Street, as realigned and widened from its former 
width of 66 feet to a varying width; thence binding on 
the west side of last said Hilton Street, North 04°-12 , -04 // 
East 74.23 feet to intersect the west side of Hilton Street 
mentioned firstly herein and thence binding on the west 
side of Hilton Street mentioned firstly herein, South 
02°-38'-40" East 73.69 feet to the place of beginning. 

Containing 326.10 square feet or 0.0075 acre of land, 
more or less. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the southwest side of Bloomingdale Road, 
as now laid out 60 feet wide, and the north side of an 
alley, 15 feet wide, laid out in the rear of the properties 
known as Numbers 3303 through and including 3309 
Bloomingdale Road, and running thence binding on the 
north side of said alley, Westerly 15 feet, more or less, 
to intersect the west side of Bloomingdale Road, as re- 
aligned; thence binding on the west side of last said Bloom- 
ingdale Road, Northerly 15 feet, more or less, to intersect 
the southwest side of Bloomingdale Road mentioned firstly 
herein and thence binding on the southwest side of Bloom- 
ingdale Road mentioned firstly herein, Southeasterly by a 
line curving to the right with a radius of 450.73 feet the 
distance of 22 feet, more or less, to the place of beginning. 

Containing 121 square feet of land, more or less. 



ORDINANCES 9 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the west side of Hilton Street, as now 
laid out 66 feet wide, and the north side of North Avenue, 
as now laid out 100 feet wide, and running thence binding 
on the north side of said North Avenue, South 87°-18'-30" 
West 13.01 feet to intersect the west side of Hilton Street, 
as realigned and widened from its former width of 66 feet 
to a width of 79 feet; thence binding on the west side of 
last said Hilton Street, North 02°-38'-40" West 93.49 feet 
to the west side of Hilton Street, as realigned and widened 
from its former width of 66 feet to a varying width; 
thence binding on the west side of last said Hilton Street, 
Northerly by a line curving to the left with a radius of 
990.00 feet the distance of 57 feet, more or less, to inter- 
sect the south side of an alley, 20 feet wide, laid out 150 
feet north of said North Avenue; thence binding on the 
south side of said alley, Easterly 15 feet, more or less, to 
intersect the west side of Hilton Street mentioned firstly 
herein and thence binding on the west side of Hilton Street 
mentioned firstly herein, South 02°-38'-40" East 150 feet, 
more or less, to the place of beginning. 

Containing 1,982 square feet of land, more or less. 

Beginning for Parcel No. 5 at the point formed by the 
intersection of the west side of Hilton Street, as now laid 
out 66 feet wide, and the south side of Walbrook Avenue, 
as now laid out 66 feet wide, said point of beginning being 
the beginning of the parcel of land conveyed by Charles 
L. 'Benton, Director of Finance and Collector of State 
Taxes for the City of Baltimore to Yvonne L. Payne by 
deed dated November 26, 1974 and recorded among the 
Land Records of Baltimore City in Liber R.H.B. No. 3194 
Folio 214, and running thence binding on the south side 
of said Walbrook Avenue and on the first line of said 
deed, there situate, Westerly 50 feet, more or less ; thence 
binding on the second line of said deed, Southerly 150 feet, 
more or less, to the north side of an alley, 20 feet wide, 
laid out 150 feet north of North Avenue, as now laid out 
100 feet wide; thence binding on the north side of said 
alley and on the third line of said deed, there situate, 
Easterly 50 feet, more or less, to intersect the west side 
of said Hilton Street and thence binding on the west side 
of said Hilton Street and on the last line of said deed, 



10 ORDINANCES Ord. No. 859 

there situate, North 02°-38'-40" West 150 feet, more or 
less, to the place of beginning. 

Containing 7,500 square feet of land, more or less. 

Including all property, rights, interests, easements and/or 
franchises necessary in the opening, widening, grading, 
construction and maintenance of said Walbrook Street Im- 
provement, the location and course of said Walbrook Street 
Improvement being shown on a plat thereof numbered 
340-A-12B prepared by the Surveys and Records Division 
and filed in the office of The Director of The Department 
of Public Works on the Fifteenth (15) day of September, 
1982. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this Ordinance or on the plat re- 
ferred to herein are for the purpose of description only, 
and shall not be held or taken to be any evidence what- 
ever that said streets, roads, avenues, highways, alleys or 
any of them, are public, dedicated or private thoroughfares. 

Sec. 2. And be it farther ordained, That the Director 
of The Department of Public Works or the person or 
persons the Board of Estimates of Baltimore City may 
hereafter from time to time designate, is or are hereby 
authorized to acquire on behalf of the Mayor and City 
Council of Baltimore, and for the purposes described in 
this Ordinance, the fee simple interests or such other in- 
terests as the said Director may deem necessary or suffi- 
cient, in and to said pieces or parcels of land and improve- 
ments thereupon, including all properties, rights, interests, 
easements and or franchises necessary in the opening, wid- 
ening, grading, construction and maintenance of said Wal- 
brook Street Improvement. If the said Director of The 
Department of Public Works, or person or persons the 
Board of Estimates of Baltimore City may designate are 
unable to agree with the owner or owners on the purchase 
price* of any of the said pieces or parcels of land and 
improvements thereupon or for any of the said properties, 
rights, interests, easements and 'or franchises, they shall 
forthwith notify the City Solicitor of Baltimore City who 
shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings 
to acquire by condemnation the fee simple interests or 



ORDINANCES 11 

such other rights, interests, easements and /or franchises 
as the said Director may deem necessary or sufficient for 
the purposes of said Walbrook Street Improvement Project. 

Sec. 3. And be it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties in- 
terested or affected thereby shall be regulated by and be 
in accordance with the provisions of The Real Property 
Article of The Annotated Code of Maryland (1974), Title 
12, Section 101 Et Seq. and any and all amendments thereto. 

Sec. 4. And be it further ordained, That the said Director 
of The Department of Public Works or person or persons 
the Board of Estimates of Baltimore City may designate 
are also hereby authorized to negotiate for and to enter 
into in the name of the Mayor and City Council of Bal- 
timore, any and all necessary agreements with the Fed- 
eral and State Governments, or any of their agencies, and 
any other persons, firms or corporations, in aid of, in 
furtherance of, or in connection with said Walbrook Street 
Improvement Project; all such acquisitions and agreements 
to be subject to the approval of the Board of Estimates. 

Sec. 5. And be it further ordained, That after the neces- 
sary agreements have been made and the necessary prop- 
erties, lands, rights, easements and /or franchises have 
been acquired as hereinbefore provided, the Director of 
The Department of Public Works of Baltimore City is 
hereby authorized and directed to construct or cause to 
be constructed the said Walbrook Street Improvement 
Project, all in accordance with detailed plans hereafter 
to be prepared therefore and after said plans have been 
approved by the said Director of The Department of Public 
Works. 

Sec. 6. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



12 ORDINANCES Ord. No. 860 

No. 860 
(Council No. 1308) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to a certain parcel of land no longer needed 
for public use located in the former bed of an alley, 10 
feet wide, now closed, laid out 90 feet north of Twentieth 
Street and extending from Lovegrove Street, westerly 
80 feet, more or less, to a 4.25 foot alley laid out in 
the rear of the property known as No. 2001/2009 North 
Charles Street, Baltimore, Maryland, containing 800 
square feet of land, more or less. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) 
of the City Charter, subject to certain rights and ease- 
ments hereinafter mentioned, all of the interest of the 
Mayor and City Council of Baltimore in and to that parcel 
of land situate in Baltimore, Maryland, and described as 
follows: 

BEGINNING for the same at the point formed by the 
intersection of the west side of Lovegrove Street, 20 feet 
wide, and the south side of a former alley, 10 feet wide, 
laid out 90 feet north of Twentieth Street, 66 feet wide, 
said .former alley having been closed by Ordinance No. 
1042 of the Mayor and City Council of Baltimore, ap- 
proved April 19, 1971, and running thence binding on the 
south side of said former alley, now closed, westerly 80 
feet, more or less, to intersect the east side of a 4.25 foot 
alley laid out in the rear of the property known as No. 
2001/2009 North Charles Street; thence binding on the 



ORDINANCES 13 

westernmost extremity of said former alley, now closed, 
northerly 10 feet, more or less, to the north side of said 
former alley; thence binding on the north side of said 
former alley, 10 feet wide, now closed, as aforesaid, easterly 
80 feet, more or less, to intersect the aforesaid west side 
of said Lovegrove Street; and thence binding on the west 
side of said Lovegrove Street, southerly 10 feet, more or 
less, to the place of beginning, containing 800 square feet 
of land, more or less. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 861 
(Council No. 1314) 



AN ORDINANCE concerning 

PARKING— RESERVED 
BALTIMORE STREET 

FOR the purpose of providing for reserved parking on 
Baltimore Street near East Avenue for Athanasios Sy- 
ropoulos displaying a permit. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the north side of Baltimore Street 
from a point 98 feet west of East Avenue to a point 120 
feet west of East Avenue, parking is reserved for Atha- 
nasios Syropoulos displaying a permit. 



14 ORDINANCES Ord. No. 862 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect on the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 862 
(Council No. 1344) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(BALTIMORE CAR & TRUCK RENTAL PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the "City") to issue 
and sell, at any time or from time to time and in one 
or more series, as limited obligations of the City and 
not upon its full faith and credit, its industrial devel- 
opment revenue bonds, in the aggregate principal 
amount not to exceed $1,500,000, pursuant to the pro- 
visions of Sub-section (50) of Article II of the Charter 
of Baltimore City (1964 Revision), as amended, for 
the sole and exclusive purposes of financing the costs, 
charges, fees and expenses in connection with the 
acquisition, improvement, and renovation of the prop- 
erty situate at 1425-55 Ridgely Street, and the acqui- 
sition and installation of certain machinery and equip- 
ment therein, or substitute property elsewhere in 
Baltimore City, to be operated as a vehicle maintenance, 
storage and rental facility by Baltimore Car & Truck 
Rental, Inc. a Maryland corporation, and to be owned 
by Leasing Syndications, Ltd., a Maryland corporation ; 
authorizing the Mayor of the City to accept, on behalf 
of "the City, a letter of intent from Baltimore Car & 
Truck Rental, Inc. addressed to the City dated October 
9, 1981; making certain legislative findings; authoriz- 
ing and empowering the Board of Finance of the City, 
prior to the issuance, sale and delivery of such bonds, 
to adopt a resolution or resolutions pursuant to which 



ORDINANCES 15 

the Board of Finance of the City shall (a) prescribe, 
among other things but not limited to, the form, terms, 
conditions, provisions, manner or method of issuing 
and selling (including negotiated as well as competi- 
tive bid sale), and the time or times of issuance, and 
any and all other details of such bonds, and (b) do 
any and all things necessary, proper or expedient in 
connection with the issuance, sale and delivery of such 
bonds; providing that Baltimore Car & Truck Rental, 
Inc. shall agree to submit any plans and specifications 
to, and to coordinate with, the Department of Housing 
and Community Development in connection with the 
acquisition and installment of such project; providing 
that such bonds (or bond anticipation notes issued in 
anticipation of the issuance of such bonds) must be 
issued and sold within six months from the date this 
Ordinance is approved by the Mayor, unless the Board 
of Finance approves one six-month extension as pro- 
vided in this Ordinance; authorizing the issuance of 
notes in anticipation of the issuance of such revenue 
bonds; and generally providing for and determining 
various matters and details in connection with the au- 
thorization, issuance, security, sale, delivery and pay- 
ment of such bonds. 

RECITALS 

iSub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Enabling 
Law"), empowers Mayor and City Council of Baltimore 
(the "City") to borrow money to finance undertakings 
for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to 
issue bonds, notes, or other obligations (including re- 
funding bonds, notes, or other obligations), all of which 
shall be fully negotiable, payable, as to both principal 
and interest, solely from and secured solely by a pledge 
of (I) the revenues from or arising in connection with 
the property, facilities, developments and improvements 
whose financing is undertaken by the issuance of such 
bonds, notes or other obligations, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise Ac- 



16 ORDINANCES Ord. No. 862 

quired with the proceeds of such bonds, notes or other 
obligations, (III) the contracts, mortgages or other 
securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or 
(IV) any combination of (I), (II) or (III). The pur- 
poses, objects and powers of the City contemplated by the 
Enabling Law, include the relief of conditions of un- 
employment in Baltimore City, encouraging the increase 
of industry and a balanced economy in Baltimore City, 
promoting economic development in Baltimore City, and 
promoting the health, welfare and safety of the resi- 
dents of Baltimore City. 

The City has received a letter of intent dated Octo- 
ber 9, 1981 (the "Letter of Intent") from Baltimore 
Car & Truck Rental, Inc. and Leasing Syndications, 
Ltd., Maryland corporations (including their assigns) 
(the "Borrower"), pursuant to which the Borrower has 
requested the City to participate in the financing of 
costs, charges, fees and expenses in connection with 
the acquisition, construction, leasing and operation 
(from time to time hereinafter referred to collectively 
as the "acquisition") by the Borrower of a certain 
project to be located in Baltimore City, Maryland (the 
"Project"), by issuing and selling industrial develop- 
ment revenue bonds of the City in the aggregate prin- 
cipal amount not to exceed $1,500,000 (the "Bonds") 
and by making the proceeds of the Bonds available to 
the Borrower to be used by the Borrower for the sole 
and exclusive purpose of financing the costs of the com- 
pletion of the Project by the Borrower. 

The Project, which is an "undertaking" which will 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist gen- 
erally of (a) the acquisition of the lots of land, im- 
provements, and equipment located at 1425-55 Ridgely 
Street or at a substitute location elsewhere in Baltimore 
City, (b) the expansion and or renovation of the build- 
ing located there, which has 8,000 square feet, more 
or less, of usable space, of any or all other improve- 
ments therein, and (c) the acquisition and installation 
of certain machinery and equipment as may be neces- 
sary or useful in connection with the operation thereof. 



ORDINANCES 17 

The Project will be operated by the Borrower for use 
by the Borrower as a vehicle maintenance, storage and 
rental facility. 

The Enabling- Law provides that the City may author- 
ize and empower the Board of Finance of the City (the 
"Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of the Bonds and the issuance and 
sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purposes of financing the costs of completion 
of the Project (including the expenses of issuance of the 
Bonds, and interest with respect to the Bonds during a 
period not to exceed three years following the date of 
the Bonds) will facilitate and expedite the completion of 
the Project by the Borrower. 

(•2) The completion of the Project by the Borrower, 
and the financing of other costs thereof as provided in 
this Ordinance, will serve to promote the general pur- 
poses contemplated by the Enabling Law by (a) sustain- 
ing jobs and employment in Baltimore City; (b) pro- 
moting economic development in Baltimore City; and (c) 
encouraging the increase of industry and a balanced econ- 
omy in Baltimore City. 

(3) Any and all of the Bonds shall not be general 
obligations of the City, and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 



18 ORDINANCES Ord. No. 862 

the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other consti- 
tutional, statutory or charter provision limiting' or re- 
stricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds and the interest 
thereon shall be limited obligations of the City, and shall 
be fully negotiable, payable, as to both principal and 
interest, solely from and secured solely by a pledge of 
(I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection 
with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the 
Bonds, or (IV) any combination of (I), (II) or (III), 
all as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any 
of the Bonds. 

SEC. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at 
any time or from time to time and in one or more series, 
and as limited obligations of the City and not upon its 
full faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$1,500,000, subject to the provisions of this Ordinance. 
The proceeds of the Bonds will be made available to the 
Borrower under terms and conditions approved by the 
Board and set forth in a Resolution, and used by the 
Borrower for the sole and exclusive purpose of financing 
the costs of the completion of the Project. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized 
to accept the Letter of Intent on behalf of the City in 
order- to further evidence the present intent of the City 
to issue the Bonds in accordance with the terms and pro- 
visions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 



ORDINANCES 19 

empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Or- 
dinance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or 
similar agreement, as provided in the Enabling Law, and 
(iii) such provisions in any such trust agreement or 
similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), 
under which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the completion 
of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 5. And be it further ordained, That any and all 
of the Bonds and the interest thereon shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or any other constitutional, statutory or 
charter provision limiting or restricting the sale or issu- 
ance of bonds, notes or other obligations of the City. All 
of the Bonds shall be limited obligations of the City, and 
shall be fully negotiable, payable, as to both principal and 
interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the Proj- 



20 ORDINANCES Ord. No. 862 

ect, (II) the revenues from or arising in connection with 
any contracts, mortgages or other securities purchased 
or otherwise acquired with the proceeds of the Bonds, 
(III) the contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the 
Bonds, or (IV) any combination of (I), (II) or (III), all 
as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of 
the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that: 

(a) It will submit any plans and specifications for the 
Project to the Department of Housing- and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained, That any and all 
of the Bonds shall be executed in the name of the City 
and on its behalf by the Mayor of the City, by his manual 
or facsimile signature, and by the Director of Finance 
of the City, by his manual or facsimile signature, and the 
corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced' thereon and attested 
by the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds, shall be executed in the name of 
the City and on its behalf by the Mayor of the City by 
his manual or facsimile signature, and the corporate seal 
of the City or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the Custo- 
dian of the City Seal by his manual signature. In case any 
officer whose signature or a facsimile of whose signature 
shall appear on the Bonds or any of the aforesaid docu- 
ments shall cease to be such officer before the delivery of 
the Bonds or any of the other aforesaid documents, such 



ORDINANCES 21 

signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine in the Resolution to be necessary to carry out 
and comply with the provisions hereof. 

SEC. 8. And be it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of 
the City or by the Chief, Bureau of Treasury Management, 
of the City, or by such other appropriate official of the 
City as may be designated by the Mayor of the City to 
execute such financing statements. 

Sec. 9. And be it further ordained, That the authority 
to issue the Bonds is intended and shall be deemed to 
include the authority to issue bond anticipation notes 
pursuant to Section 12 of Article 31 of the Annotated 
Code of Maryland (1976 Replacement Volume and 1981 
Cumulative Supplement), as amended (the "Bond Antici- 
pation Note Enabling Legislation"). Reference in this 
Ordinance to the "Bonds" shall include such bond antici- 
pation notes where appropriate. Prior to the issuance, 
sale and delivery of any series of bond anticipation notes, 
the Board shall adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of such bond anticipation notes and the 
issuance and sale thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or sim- 
ilar agreement, as provided in the Enabling Law, and 
(iii) such provisions in any such trust agreement or sim- 
ilar agreement as the Board may deem reasonable and 



22 ORDINANCES Ord. No. 862 

proper for the security of the holders of such bond antici- 
pation notes; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than 
customary financing statements and closing certificates), 
under which the proceeds of such bond anticipation notes 
will be made available to the Borrower to finance the 
costs of the completion of the Project ; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond 
anticipation notes issued pursuant to this Section of this 
Ordinance and the interest thereon from the proceeds of 
the Bonds in anticipation of the sale of which such notes 
are issued, and the City hereby further covenants to issue 
such Bonds, as the case may be, when, and as soon as, 
the reason for deferring the issuance of the bonds no 
longer exists. The timely issuance of such Bonds, how- 
ever, is dependent upon matters not within the control 
of the City, including (without limitation) the existence 
of a purchaser or purchasers for such Bonds at the time 
the reason for deferring the issuance of the Bonds no 
longer exists and the effectiveness of various actions taken 
by the Borrower, its officers, agents and employees. 

Sec. 10. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person 
or circumstances, such illegality, invalidity or unconsti- 
tutionality, or inapplicability shall not affect or impair 
any of the remaining provisions, sentences, clauses, sec- 
tions, or parts of this Ordinance or their application to 
other persons or circumstances. It is hereby declared to 
be the legislative intent that this Ordinance would have 
been passed if such illegal, invalid or unconstitutional 
provision, sentence, clause, section or part had not been 
included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable 
had been specifically exempted herefrom. 



ORDINANCES 23 

Sec. 11. And be it further ordained, That, either the 
Bonds or bond anticipation notes issued pursuant to Sec- 
tion 9 of this Ordinance in anticipation of the issuance 
of the Bonds must be issued and sold within six months 
from the date on which this Ordinance is approved by 
the Mayor of the City; provided, however, that the Board, 
after a showing of good cause at a public hearing held 
before the Board prior to or after the expiration of such 
six-month period, may extend the period during which 
either the Bonds or such bond anticipation notes may 
be issued and sold for one additional term not to exceed 
six months from the date on which the first six-month 
period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the 
sufficiency, or lack thereof, of the reasons presented for 
any requested extension of the six-month period. If an 
extension is granted, notice of such extension and the 
reasons therefor must be sent to the City Council. To 
the extent that neither the Bonds nor such bond antici- 
pation notes are issued and sold within twelve months 
from the date on which this Ordinance is approved by 
the Mayor of the City, the authority provided in this 
Ordinance for the City to issue and sell the Bonds and such 
bond anticipation notes shall expire. 

Sec. 12. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved January 4, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 863 
(Council No. 323) 

AN ORDINANCE concerning 

FUNCTIONS AND DUTIES OF SPECIAL 
PARKING ENFORCEMENT OFFICERS 

FOR the purpo se of empow e ring s pecial parking enforc e- 
ment officer s 4o cau se motor v e hicl es t© be impound e d 



24 ORDINANCES Ord. No. 863 

Q¥ to immobiliao motor vohicl os wh en enfo rcing parking 
ordinanc os T . law s a»d r e gulations. 

FOR THE PURPOSE OF EMPOWERING SPECIAL 
PARKING ENFORCEMENT OFFICERS TO CAUSE 
MOTOR VEHICLES TO BE IMPOUNDED WHEN EN- 
FORCING PARKING ORDINANCES, LAWS AND 
REGULATIONS AND TO IMMOBILIZE CERTAIN 
MOTOR VEHICLES AGAINST WHICH THERE ARE 
UNSATISFIED PARKING CITATIONS FOR PARK- 
ING VIOLATIONS. 

BY repealing and reordaining, with amendments 
Article 19 — Police Ordinances. 
Section— 151 B 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 151B of Article 19 of the Balti- 
more City Code (1976 Edition, as amended), title "Police 
Ordinances", subtitle "Special Parking Enforcement Of- 
ficers", is hereby repealed and reordained to read as 
follows : 

Special Parking Enforcement Officers 
151B. 

(1) The Commissioner of Transit and Traffic shall 
from time to time certify to the Police Commissioner of 
Baltimore City the names of employees of that depart- 
ment for appointment by the Police Commissioner as 
Special Parking Enforcement Officers. Upon their appoint- 
ment, the Officers shall have the power to issue citations 
to appear before the appropriate division of the District 
Court for violation within the City of any city or state 
law or regulation pertaining to parking. 

4&)- £ks Officers t±w empowere d te ea-uss motor vehicle s 
trQ. ±g impounded o-r- t& imjuobiUzs -m&to-r vehicle s within 
tks Gity of B altimore in the enforcement of ff^/ G&y o^ 
s t at e few o* regulation pevte mi ng to p^r-kiucjr 

(2) THE OFFICERS ARE EMPOWERED TO CAUSE 
MOTOR VEHICLES TO BE IMPOUNDED WITHIN 
THE CITY OF BALTIMORE IN THE ENFORCEMENT 
OF ANY CITY OR STATE LAW OR REGULATION 



ORDINANCES 25 

PERTAINING TO PARKING AND TO IMMOBILIZE 
MOTOR VEHICLES WITHIN THE CITY OF BALTI- 
MORE IN THE ENFORCEMENT OF ORDINANCE NO. 
(CITY COUNCIL BILL NO. 324) 

[(2)] (3) The Officers appointed may not arrest or 
take into custody any violator of such law or regulation 
or otherwise have the power of arrest in their official 
capacity. 

E(3)3 (&) A record of appointment of the Officers 
shall be kept by the Police Commissioner and any appoint- 
ment may be revoked by him at any time. 

E(4)] (5) The form of badge and type of uniform 
that may be worn by these Officers shall be approved by 
the Police Commissioner. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 10, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 864 
(Council No. 324) 

AN ORDINANCE concerning 

IMPOUNDMENT AND IMMOBILIZATION 
OF MOTOR VEHICLES 

FOR the purpose of impounding or immobilizing motor 
vehicles against which there are three (3) or more un- 
satisfied parking citations for parking violations and to 
provide those owners whose vehicles have been so im- 
pounded or immobilized an administrative hearing to 
contest the validity of the impoundment or immobi- 
lization. 

BY repealing 

Article 31— Transit and Traffic 



26 ORDINANCES Ord. No. 864 

Section 90 — Liability of owners; three unsatisfied cita- 
tions; impounding. 
Baltimore City Code (1976 Edition, as amended) 

BY adding to 

Article 31 — Transit and Traffic 

Section 90 — Liability of owners; three unsatisfied cita- 
tions; impounding or immobilization. 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 90 of Article 31 of the Balti- 
more City Code (1976 Edition, as amended), title 'Transit 
and Traffic", subtitle "Clear Streets", be and it is hereby 
repealed, and new Section 90 of said Article 31, same title 
and subtitle, be and it is hereby ordained to read as follows: 

90. Liability of owners; three unsatisfied citations; im- 
pounding or immobilization. 

[Where the vehicles have been cited for parking viola- 
tions at least three (3) times, and where a period of 
thirty (30) days or more shall have elapsed since the 
third unsatisfied citation, such vehicles shall be subject to 
the impounding provisions of this subtitle and the penalties 
applicable thereto.] 

(a) When any unattended motor vehicle is found 
parked at any time upon any street of the City of Balti- 
more against which there are three (S) or more unsatisfied 
citations for parking violations, and, when a period of 
thirty (SO) days or more has elapsed since the third un- 
satisfied citation, the Commissioner is authorized to cause 
such vehicle, either by towing or otherwise, to be removed 
or conveyed to and impounded in any place designated by 
the Director or immobilized in sucli manner as to prevent 
its operation; except, that no such vehicle shall be im- 
mobilized by any means other than by the use of a device 
or other mechanism which will cause no damage to such 
vehicle unless it is moved while such device or mechanism 
is in place. 

■fb)- When the vehicle hrrS been remo ved u+±d i-m-pouuded 
pursuant te tbs provisions of this s-zetiouy it sha~U be s-ub- 
■j-e&t lo tka impounding provision s o-f this subtitle ^-ud ths 



ORDINANCES 27 

penalties applicable thereto* An i mmobiliz ed rohiolo u>hioh 
is ther e- Aft e r impounde d shal l not ho sub; G et to the footing 
foe here inafter p rovided for in this soetionr T-he owner 

LdL £L -i'zj Ji i s: ft? V ^ii ii/tii-h rl nA n\iAnv f j) to - opftf in 11 JlM-S. i.li.^2 P. 2 Yll.ft 

right to contest iho validity of tho impoun dm ent by ro- 

if two vv ft if tt t re. i f c **U v fv vtt \y o tt f r t' t> r rrtt rnru/ rra T^ry 1^* vt p tw-uw 

^: owners of vehicle s impo unded as abandoned undor 

fifi P. t.i.nJl iXJ-l A-£ t J) /-Q C )' t JP . lft t.h ft WUX2XI J &XQ31 Q <^ f }l) l) ) P , h fjlifltl 

\J \J \J V 1>\J i V V \J *7j V I I X.U L-l U If I U i lltLf }J I \7 V L U I ^ HU VI It f I LL 11/ Ufl CTTT 

&&o apply to vehicles impounded under this section* Ap- 
plications for a hearing- contes ting tho validity of tho 
impoundment under this section shall bo hoard to deter - 
mine w heth er or not thero wore, at the tim e such vehicle 
urns impounded, throo ■££-)■ or mor e uns a tisfied ci t ation s 
for parkin g violation s a gainst such vehicl o, andj whether 
a period of thirty- (SO) d a ys or more had elapsed sinc e 
the third unsatisfiod citation, Tho hearing officer - mag 
also consider such oth e r relev ant foots and circumstanc e s , 
as ho deems necess ary in m aking a determination as to 
the validity of tho impoundments 

(b)(1) WHEN THE VEHICLE HAS BEEN RE- 
MOVED AND IMPOUNDED PURSUANT TO THE PRO- 
VISIONS OF THIS SECTION, IT SHALL BE SUBJECT 
TO THE IMPOUNDING PROVISIONS OF THIS SUB- 
TITLE AND THE PENALTIES APPLICABLE THERE- 
TO. AN IMMOBILIZED VEHICLE WHICH IS THERE- 
AFTER IMPOUNDED SHALL NOT BE SUBJECT TO 
THE BOOTING FEE HEREINAFTER PROVIDED FOR 
IN THIS SECTION. 

(2) THE OWNER OF A VEHICLE IMPOUNDED 
UNDER THIS SECTION, HAS THE SAME RIGHT TO 
CONTEST THE VALIDITY OF THE IMPOUNDMENT 
BY REQUESTING A HEARING IN THE SAME MAN- 
NER AS IS PROVIDED FOR OWNERS OF VEHICLES 
IMPOUNDED AS ABANDONED UNDER SECTION 96 
OF THIS ARTICLE, THE PROVISIONS OF WHICH 
SHALL ALSO APPLY TO VEHICLES IMPOUNDED 
UNDER THIS SECTION. THE HEARING FOR THE 
OWNER OF A VEHICLE IMPOUNDED, PURSUANT 
TO THIS SECTION, SHALL BE PROVIDED WITHIN 
SEVENTY-TWO (72) HOURS, EXCLUDING SUNDAYS 
AND HOLIDAYS, FROM THE TIME SAID OWNER 
FILES AN APPLICATION FOR SUCH HEARING. 



28 ORDINANCES 0rd - No - 864 

POSTED NOTICE OF THIS RIGHT SHALL BE GIVEN 
SAID OWNER AS PROVIDED IN SECTION 96 OF 
THIS ARTICLE; SAID OWNER SHALL ALSO BE NO- 
TIFIED IN WRITING OF THIS RIGHT SHOULD SAID 
OWNER APPEAR TO CLAIM THE VEHICLE IM- 
POUNDED AND ELECT TO SECURE IMMEDIATE 
RELEASE OF THE IMPOUNDED VEHICLE BY PAY- 
MENT OF ALL CHARGES WHICH HAVE ACCRUED 
THEREON. THE RIGHT TO THE HEARING, PRO- 
VIDED FOR UNDER THIS SECTION, APPLIES 
EQUALLY, TO AN OWNER WHO ELECTS TO BE 
HEARD PRIOR TO PAYMENT OF ANY TOWING OR 
STORAGE CHARGES AND POSTING COLLATERAL 
EQUIVALENT TO THE MAXIMUM FINES AND PEN- 
ALTIES FOR UNSATISFIED PARKING VIOLATION 
CITATIONS, AND TO AN OWNER WHO ELECTS TO 
PAY SUCH AMOUNTS AND SECURE IMMEDIATE 
RELEASE OF THE IMPOUNDED VEHICLE. 

(3) THE APPLICATION FOR THE HEARING 
SHALL BE FILED BY THE OWNER OF THE VEHI- 
CLE IMPOUNDED UNDER THE PROVISIONS OF 
THIS SECTION, AND SAID OWNER SHALL BE SO 
ADVISED, WITHIN TEN (10) DAYS FROM A) THE 
RECEIPT BY THE OWNER OF THE NOTICE 
POSTED TO SUCH OWNER; OR B) FROM THE DATE 
SAID OWNER IS NOTIFIED IN WRITING OF HIS 
RIGHT TO SAID HEARING, SHOULD SAID OWNER 
APPEAR TO CLAIM THE VEHICLE IMPOUNDED. 

(U) THE OWNER OF AN IMMOBILIZED VEHICLE 
WHICH IS THEREAFTER IMPOUNDED, PURSUANT 
TO THE PROVISIONS OF THIS SECTION, SHALL BE 
ADVISED THAT, SAID OWNER'S RIGHT TO THE 
HEARING PROVIDED UNDER THIS SECTION, 
SHALL BE DEEMED TO HAVE BEEN WAIVED IF 
SAID OWNER A) FAILS TO RETURN THE APPLI- 
CATION FOR THE HEARING WITHIN TEN (10) 
DAYS FROM THE RECEIPT OF THE NOTICE 
POSTED TO SUCH OWNER; B) FAILS TO RETURN 
THE APPLICATION FOR THE HEARING WITHIN 
TEN (10) DAYS FROM THE DATE SAID OWNER IS 
NOTIFIED IN WRITING OF HIS RIGHT TO SAID 
HEARING SHOULD SAID OWNER APPEAR TO 
CLAIM THE VEHICLE IMPOUNDED PURSUANT TO 



ORDINANCES 2S 

THE PROVISIONS OF THIS SECTION; OR, C) EXE- 
CUTES A WRITTEN DOCUMENT WAIVING SAID 
OWNER'S RIGHT TO THE HEARING PROVIDED FOR 
UNDER THIS SECTION. 

(C) APPLICATIONS FOR A HEARING CONTEST- 
ING THE VALIDITY OF THE IMPOUNDMENT OR 
IMMOBILIZATION UNDER THIS SECTION SHALL 
BE HEARD TO DETERMINE WHETHER OR NOT 
THERE WERE, AT THE TIME SUCH VEHICLE WAS 
IMPOUNDED OR IMMOBILIZED, THREE (J) OR 
MORE UNSATISFIED CITATIONS FOR PARKING 
VIOLATIONS AGAINST SUCH VEHICLE, AND, 
WHETHER A PERIOD OF THIRTY (30) DAYS OR 
MORE HAD ELAPSED SINCE THE THIRD UNSATIS- 
FIED CITATION. THE HEARING OFFICER MAY 
ALSO CONSIDER SUCH OTHER RELEVANT FACTS 
AND CIRCUMSTANCES, AS HE DEEMS NECESSARY, 
IN MAKING A DETERMINATION AS TO THE VALID- 
ITY OF THE IMPOUNDMENT. 

■fe± (d) In any case involving immobilization of a vehicle 
pursuant to this section, the Commissioner shall cause to 
be placed on such vehicle, in a conspicuous manner, notice 
sufficient to warn any individual to the effect that such 
vehicle has been immobilized and that any attempt to 
move such vehicle might result in damage to such vehicle. 
Said notice shall also advise the owner or operator that 
(1) the vehicle has been immobilized by the City of Balti- 
more for violations of this article, (2) that the owner of 
an immobilized vehicle has the right to contest the validity 
of the immobilization at a hearing WITHIN SEVENTY- 
TWO (72) HOURS, EXCLUDING SUNDAYS AND 
HOLIDAYS, FROM THE SUBMISSION OF by submit- 
ting- an application in the manner hereinafter provided, 
(3) that such application forms are available at a desig- 
nated place or will be mailed to said owner upon request, 
and (4) that release of the vehicle may be obtained at a 
designated place upon payment of a booting fee and other 
charges specified in this sectioiu PRIOR TO THE HEAR- 
ING TO WHICH SAID OWNER IS ENTITLED, AS 
AFORESAID, OR, UPON PAYMENT OF A BOOTING 
FEE AND OTHER CHARGES SPECIFIED IN THIS 
SECTION AND THE EXECUTION OF A DOCUMENT 



30 ORDINANCES 0rd - No - 864 

IN WRITING WAIVING THE HEARING TO WHICH 
SAID OWNER IS OTHERWISE ENTITLED. 

44)- (e) It shall be unlawful for any person to tamper 
with or remove or attempt to remove the immobilization 
device without authorization or to remove the warning 
notice. Any person violating any of the provisions of this 
subsection shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be subject to a fine of not 
more than five hundred dollars ($500) or to imprisonment 
for not mo)'e than twelve (12) months, or to both such fine 
and imprisonment in the discretion of the court. 

4e± (f) The owner of an immobilized vehicle or his 
authorized repre s entative -, shall be permitted to secure re- 
lease of the vehicle upon payment of a booting fee of 
twenty-four ($24) dollars and all charges which have 
accrued thereon by virtue of its immobilization, including 
collateral equivalent to the maximum fines and penalties 
for unsatisfied parking violation citations. Such payment 
will not affect the owner's right to a hearing prescribed 
i)i this section nor will it be deemed a waiver of the 
owner's right to contest the validity of the immobilizatioiir 
UNLESS THE OWNER ELECTS TO WAIVE THE 
HEARING TO WHICH SAID OWNER IS OTHERWISE 
ENTITLED. SHOULD THE OWNER OF AN IMMOBIL- 
IZED VEHICLE APPEAR TO SECURE RELEASE OF 
THE VEHICLE, AS HERETOFORE PROVIDED, NOTI- 
FICATION IN WRITING SHALL BE RENDERED TO 
SUCH OWNER STATING THE OWNER'S RIGHTS 
AND OBLIGATIONS AS PROVIDED FOR IN THIS 
SECTION. 

■(+)■ 2he owner of- a v e hicl e immob ilized nnder this 
section kz-s the right to cont e st the validity of- the im- 
mob i!izc.tio)h at a hearing by subm itting an a pplicati on 
the form of- which shall he prescribed by the Director^ to 
a hearin g offieer within ten (10) dans from the date of 
immob ilization or the date release of the rehiele is secured) 
whichev e r date is l ater. When the owner of an immobi- 
lized rehiele or his a uthori zed re presentativ e secure s re- 

t"^ ^.ot? "/ ™ ' " " l t?rt r 1,'ttt tt o r c t? r c? v V y tr t fy "tt f^XJ V tt't? ct-j 1 'ft XJ v t j v" " ftirrr 

in writing shall be rendered to sneh person st ating the 
o wner's rights and o bligations as nrorided fer in this 
subsection, £ke keyring officers appointe d in a cc o rd a nc e 



ORDINANCES 31 

with the p^omsions of Section 9S of this Article shall *-'£- 

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^ under this S ection , T-he D i rector shall est abl ish by 
regul ation the procedures fo-r the holding- of the hearings 
provide d fo^ undo? this section, The hoaxing o fficer's vul- 

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i mpos ed by the Di strict Gou*4 of Ma rylan d f&r- p arkin g 
if it is determine d by- the h earing o ffice r> af t &r- e on - 

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s#£ /^44 ^ sub section -fb)- of this se c tion, that the ve hi ele 

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/#£ provided f-e-r- unde^ subs ection -(-e)- to secure release of 

satid. 2±q h i fi o . ' q >* jL£ th/i ^-nnt i t) ft i oc\ ui o j i xi—iid. mua >* /o / Jj <i 
h.ft" v i i) fl n. t' ftfimf ] c\i r a i d J inn tii )) a i (\( \ ft)'- nil 2i& a Mucu JL a iLa /Jj/? 

FW*--f VmVXJ w t \s J 11 Fl'tV v F uTTTw t7 W V t ~V\J J \J \s tT J S HIT L^ C TTTTTCvv ri/ vrT^ 

person u>he paid said feej that is? the owner e-r- his autho-r- 

iy.fid. i , 0m'0Q /iiit fi + i i</i rto th n o ft b a i^i z'/ i/ ?ii9 

y/w' 1/ W I \J }J M UUUH'UllVH Ul ivv PtTv U^.UU f F VIA If \^ l^> I 

rGjrJ) TWtf OWNER GF A VEHICLE IMMOBI- 
LIZED UNDER THIS SECTION HAS THE RIGHT TO 
CONTEST THE VALIDITY OF THE IMMOBILIZA 
TION AT A HEARING WITHIN SEVENTY-TWO (72) 
HOURS, EXCLUDING SUNDAYS AND HOLIDAYS. 
FROM THE TIME SAID OWNER FILES AN APPLICA- 
TION FOR SUCH HEARING WITH A HEARING OF- 
FICER. THE FORM OF SAID APPLICATION SHALL 
BE PRESCRIBED BY THE DIRECTOR. SAID APPLI- 
CATION SHALL BE FILED WITHIN TEN (10) DAYS 
FROM 1) THE DATE SAID OWNER HAS BEEN 
PROVIDED NOTICE OF IMMOBILIZATION AS SPECI- 
FIED IN SUBSECTION (D); 2) WITHIN TEN (10) 
DAYS FROM THE RECEIPT OF WRITTEN NOTICE 
TO BE PROVIDED SAID OWNER, AS HEREINAFTER 
PRESCRIBED; OR, S) WITHIN TEN (10) DAYS FROM 
THE DATE SAID OWNER IS NOTIFIED IN WRITING 
OF HIS RIGHT TO SAID HEARING SHOULD SAID 
OWNER APPEAR TO CLAIM THE VEHICLE IM- 
MOBILIZED. SAID OWNER MAY ALSO SECURE A 
HEARING, AS PROVIDED FOR HEREIN, WITHIN 
SEVENTY-TWO (72) HOURS, EXCLUDING SUNDAYS 
AND HOLIDAYS, FROM THE TIME SAID OWNER 
FILES THE APPLICATION REQUIRED, BEFORE 



32 ORDINANCES 0rd - No - 864 

PAYMENT OF THE BOOTING FEE AND ALL 
CHARGES WHICH HAVE ACCRUED THEREON BY 
VIRTUE OF THE IMMOBILIZATION, AND BEFORE 
THE IMMOBILIZED VEHICLE IS RELEASED. 

(2) UNLESS THE OWNER OF A VEHICLE IM- 
MOBILIZED UNDER THE PROVISIONS OF THIS 
SECTION APPEARS TO SECURE RELEASE OF THE 
VEHICLE WITHIN TWENTY-FOUR (24) HOURS 
AFTER THE VEHICLE HAS BEEN IMMOBILIZED, 
IN ADDITION TO THE NOTICE GIVEN THE OWNER 
OF SAID VEHICLE, AS PROVIDED FOR UNDER 
SUBSECTION (D), SAID OWNER SHALL BE GIVEN 
WRITTEN NOTICE BY CERTIFIED MAIL WITHIN 
FORTY-EIGHT (48) HOURS AFTER THE VEHICLE 
HAS BEEN IMMOBILIZED, BY THE DIRECTOR OF 
PUBLIC WORKS, THAT SAID OWNER HAS THE 
RIGHT TO CONTEST THE VALIDITY OF THE IM- 
MOBILIZATION AT A HEARING WITHIN SEVENTY- 
TWO (72) HOURS, EXCLUDING SUNDAYS AND 
HOLIDAYS, FROM THE SUBMISSION OF AN APPLI- 
CATION AS HERETOFORE PROVIDED HEREIN. A 
COPY OF SAID APPLICATION SHALL BE INCLUDED 
WITH THE NOTICE POSTED TO THE OWNER. 

(3) THE OWNER OF A VEHICLE IMMOBILIZED 
PURSUANT TO THIS SECTION SHALL BE ADVISED 
THAT SAID OWNER'S RIGHT TO A HEARING PRO- 
VIDED HEREIN SHALL BE DEEMED TO HAVE 
BEEN WAIVED IF SAID OWNER A) FAILS TO RE- 
TURN THE APPLICATION FOR A HEARING WITHIN 
TEN (10) DAYS FROM THE RECEIPT OF NOTICE 
PROVIDED FOR IN SUBSECTION (D) OR WITHIN 
TEN (10) DAYS FROM THE RECEIPT OF ANY CER- 
TIFIED MAIL NOTICE SENT TO SAID OWNER; B) 
FAILS TO RETURN THE APPLICATION FOR THE 
HEARING WITHIN TEN (10) DAYS FROM THE DATE 
SAID OWNER IS NOTIFIED OF HIS RIGHT TO SAID 
HEARING, SHOULD SAID OWNER APPEAR TO 
CLAIM THE VEHICLE IMMOBILIZED UNDER THIS 
SECTION; OR, C) SAID OWNER EXECUTES A 
WRITTEN WAIVER WHEREBY HE WAIVES THE 
HEARING PROVIDED FOR UNDER THIS SECTION. 



ORDINANCES 33 

U) THE HEARING OFFICERS APPOINTED IN 
ACCORDANCE WITH THE PROVISIONS OF SECTION 
96 OF THIS ARTICLE SHALL RECEIVE THE APPLI- 
CATIONS AND CONDUCT THE HEARINGS PRO- 
VIDED FOR UNDER THIS SECTION. THE DIRECTOR 
SHALL ESTABLISH BY REGULATIONS THE PROCE- 
DURES FOR THE HOLDING OF THE HEARINGS 
PROVIDED FOR UNDER THIS SECTION. THE HEAR- 
ING OFFICER'S RULING IN NO WAY HAS ANY 
BEARING ON THE FINE, PENALTY OR CHARGE IM- 
POSED BY THE DISTRICT COURT OF MARYLAND 
FOR PARKING VIOLATIONS. 

(5) IF IT IS DETERMINED BY THE HEARING 
OFFICER, AFTER CONSIDERATION OF THE CRI- 
TERIA PRESCRIBED FOR THE HEARING AS SET 
FORTH IN SUBSECTION (C) OF THIS SECTION, 
THAT THE VEHICLE SHOULD NOT HAVE BEEN 
IMMOBILIZED, THE OWNER SHALL NOT BE RE- 
QUIRED TO PAY THE BOOTING FEE PROVIDED 
FOR UNDER SUBSECTION (F) TO SECURE RE- 
LEASE OF SAID VEHICLE, OR IF THE BOOTING 
FEE WAS PAID PRIOR TO THE HEARING A RE- 
FUND OF SAID BOOTING FEE SHALL BE MADE 
TO THE OWNER WHO PAID SAID FEE. 

4§} (h) If following trial in the District Court of Mary- 
land or other tribunal, a not guilty verdict is entered upon 
any of the parking violations charged against the vehicle 
immobilized, notwithstanding the riding of the hearing 
officer with respect to the immobilization of the vehicle, 
all charges advanced as having accrued upon the vehicle 
by virtue of its immobilization, including the collateral 
advanced, for such parking violation upon which a not 
guilty verdict was entered, shall be returned to the person 
who advanced such sums upon presentation of the official 
receipt issued at the time said vehicle was released. 

It is further provided that if, as the result of the Court's 
decision, the number of parking violations charged against 
the vehicle previously immobilized, is reduced to tico or 
less, and provided no refund has previously been made, the 
booting fee shall also be returned to the person who ad- 



34 ORDINANCES Ord. No. 865 

vanced such fee, upon presentation of the official receipt 
issued at the time said vehicle was released. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE ADMINISTRATION BY RULE AND REGULA- 
TION SHALL DEVELOP A METHOD WHEREBY 
PERSONS WILL BE ABLE TO RECOVER AN IM- 
MOBILIZED VEHICLE AS QUICKLY AND AS EASILY 
AS POSSIBLE. 

Sec. 2 3. And be it further ordained, That this ordinance 
shall take effect THIRTY DAYS from the date of its 
passage. 

Approved January 10, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 865 
(Council No. 1328) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to a parcel containing 79,379.89 square feet 
or 1.8223 acres of land, more or less (Block 6607-B, 
pa*4 o£ lot ±Q LOT 11), said property no longer needed 
exclusively for public purposes. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V Section 5(b) 
of the City Charter, all of the interest of the Mayor and 



ORDINANCES 35 

City Council of Baltimore in and to that parcel of land 
situate in Baltimore, Maryland, and described as follows : 

BEGINNING for the same at a point on the second 
line of the first parcel of land conveyed by Penn Central 
Transportation Company, et al to Canton Company of 
Baltimore by deed dated September 2, 1976 and recorded 
among the Land Records of Baltimore City in Liber 
R.H.B. No. 3391 Folio 467 said point of beginning being 
distant South 03°-24'-10" East 18.25 feet measured along 
the second line of the first parcel of land described in 
said deed, from the South side of Holabird Avenue, 70 
feet wide, and running thence . binding on part of the 
second line of the first parcel of land described in said 
deed, to the end thereof, South 03°-24'-10" East 242.46 
feet; thence binding on the third, fourth, fifth, sixth, 
seventh, eighth, ninth, tenth and eleventh lines of the 
first parcel of land described in said deed, the nine fol- 
lowing courses and distances; namely, South 02°-14'-10" 
West 99.72 feet, South 13°-46'-40" West 97.74 feet, South 
32°-10'-40" West 100.00 feet, South 49°-50 , -40" West 97.93 
feet, South 67°-26'-40" West 98.37 feet, South 81°-58'-40" 
West 95.90 feet, South 87°-06'-40" West 109.94 feet, South 
67 Q -06'-40" 87°-06'-40" West 83.70 feet and South 
67°-51'-40" West 87.00 feet; thence binding on part of the 
twelfth line of the first parcel of land described in said deed, 
South 77°-40'-00" West 117.44 feet and thence for new lines 
of division through the property now or formerly owned by 
Canton Co. of Baltimore the twelve following courses and 
distances; namely, North 67°-51'-40" East 174.45 feet, by 
a line curving to the left with a radius of 439.28 feet 
the distance of 67.39 feet which arc is subtended by a 
chord bearing North 77°-55'-07.5" East 67.33 feet, North 
73°-31'-25" East 42.40 feet, North 66°-22'-15" East 36.73 
feet, by a line curving to the left with a radius of 553.69 
feet the distance of 185.52 feet which arc is subtended by 
a chord bearing North 56°-46'-19" East 184.66 feet, North 
47°-10'-23" East 80.25 feet, North 40°-01'-10" East 122.50 
feet, North 32°-52'-00" East 78.50 feet, North 25°-42 , -50" 
East 78.50 feet, North 18°-33'-50" East 78.50 feet, North 
ll°-24'-30" East 78.50 feet and North 04 o -15 , -20 ,, East 
59.15 feet to the place of beginning. 

Containing 79,379.89 square feet or 1.8223 acres of land, 
more or less. 



36 ORDINANCES Ord. No. 866 

Said property being no longer needed exclusively for 
public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

SEC. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 866 
(Council No. 1323) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE BOND ANTICIPATION 

NOTES, REVENUE BONDS AND BONDS TO REFUND 

REVENUE BOND ANTICIPATION NOTES AND 

REVENUE BONDS (WATER PROJECTS) 

FOR the purpose of authorizing and providing for the 
issuance, from time to time, by Mayor and City Council 
of Baltimore (the "City") of its revenue notes or bonds, 
designated "Revenue Notes (Water Projects)" or "Rev- 
enue Bonds (Water Projects)", as the case may be, 
in an aggregate principal amount which, when issued, 
will result in receipt by the City (inclusive of Costs 
of Issuance, as defined herein) of not exceeding eighteen 
million dollars ($18,000,000) pursuant to the provisions 
of Article 31, Section 12 of the Annotated Code of 
Maryland (1976 Replacement Volume and 1982 Cumu- 
lative Supplement), as amended from time to time, 
and in accordance with the revenue bond authority 
contained in Article II, Section 50 of the Charter of 
Baltimore City (1964 Revision), as amended (the "City 
Charter"), in order to use the proceeds for the public 
purposes of (a) refunding certain outstanding full faith 
and credit obligations of the City which were issued to 



ORDINANCES 37 

finance capital improvements for water facilities of the 
City-r , (b) financing, in part, certain water facilities 
of the City of Baltimore, as provided in this Ordinance, 
(c) funding capitalized interest on such revenue notes 
or revenue bonds to the extent deemed necessary and 
in accordance with any limitation on the period for 
such funding established by law, (d) paying the Costs 
of Issuance, as defined herein, of such revenue notes 
or revenue bonds and (e) funding any reserve funds, 
including, WITHOUT LIMITATION, reserves for such 
revenue notes or revenue bonds AND OPERATING 
RESERVES, created pursuant to this Ordinance and the 
Administrative Resolution (defined herein) (any reve- 
nue note issued pursuant hereto, including any parity 
revenue note issued pursuant to any ordinance sup- 
plemental hereto, is referred to herein as a "Revenue 
Note", and any revenue bond issued pursuant hereto, 
including any parity revenue bond issued pursuant to 
any ordinance supplemental hereto, is referred to herein 
as a "Revenue Bond"; the terms Revenue Note and 
Revenue Bond are further defined in Section 1 of this 
Ordinance); authorizing and providing for the refund- 
ing, renewal or refinancing of the Revenue Notes or 
the Revenue Bonds, in whole or in part, from time to 
time by the City by the issuance of refunding, renewal 
or refinancing notes or bonds, as the case may be, and 
authorizing and providing for the refunding, renewal 
or refinancing of any such refunding, renewal or re- 
financing notes or bonds, all in accordance with Article 
II, Section 50 of the City Charter and Article 31, Sec- 
tion 12 of the Annotated Code of Maryland (1976 Re- 
placement Volume and 1982 Cumulative Supplement) 
(any note issued pursuant hereto as a refunding, re- 
newal or refinancing note, including any parity note 
issued pursuant to any ordinance supplemental hereto, 
is referred to herein as a "Refunding Revenue Note"; 
any bond issued pursuant hereto as a refunding, re- 
newal or refinancing bond, including any parity bond 
issued pursuant to any ordinance supplemental hereto, 
is referred to herein as a "Refunding Revenue Bond"; 
and the Refunding Revenue Notes and the Refunding 
Revenue Bonds are collectively referred to as the "Re- 
funding Obligations"; the terms Refunding Revenue 
Note and Refunding Revenue Bond are further defined 
in Section 1 of this Ordinance) ; authorizing the use 



38 ORDINANCES Ord. No. 866 

of the proceeds of any Refunding" Obligations for the 
public purposes of (a) refunding any outstanding Reve- 
nue Obligations, including the payment of any redemp- 
tion premium thereon, (b) paying the Costs of Issu- 
ance, as defined herein, of such Refunding Obligations 
and (c) funding any reserve funds for the Refunding 
Obligations, including, WITHOUT LIMITATION, re- 
serves for the payment of interest thereon AND OP- 
ERATING RESERVES, created pursuant to this Ordi- 
nance and the Administrative Resolution (defined 
herein); authorizing the Board of Finance to make vari- 
ous determinations by resolution with regard to the 
terms and provisions of the Revenue Notes, the Revenue 
Bonds, the Refunding Revenue Notes and the Refunding 
Revenue Bonds (collectively, the ''Revenue Obliga- 
tions"), including the use of certain expedited proce- 
dures; providing for the private (negotiated) sale of the 
Revenue Notes and the Refunding Revenue Notes unless 
the Board of Finance shall determine that a particular 
issue or series of notes shall be sold by competitive bid- 
ding; providing for the private (negotiated) sale of the 
Revenue Bonds and the Refunding Revenue Bonds for 
such period of time deemed necessary by the Board of 
Finance to establish acceptance of the City's revenue ob- 
ligation program for the Water Utility in the revenue 
bond market and providing thereafter for the public sale 
of the Revenue Bonds and the Refunding Revenue Bonds, 
unless the Board of Finance shall determine that a 
particular issue or series of bonds shall be sold by 
private (negotiated) sale; providing that the Revenue 
Obligations (a) shall be payable solely and only from 
(i) Pledged Revenues (as defined in this Ordinance) 
of the water enterprise system of the City established 
in accordance with Article 6, Section 11 of the City 
Charter, and Ordinance No. 941 of the City, approved 
by the Mayor on December 14, 1978, (ii) amounts in 
any FUNDS PLEDGED TO THE PAYMENT OF THE 
REVENUE OBLIGATIONS, INCLUDING, WITHOUT 
LIMITATION, ANY reserve fund established by the 
Board of Finance for the payment of the principal of, 
premium on, if any, and interest on the Revenue Obliga- 
tions, including investment earnings on any such fundS 
(to the extent provided by the Board of Finance), (iii) 






ORDINANCES 39 

unexpended proceeds of the Revenue Obligations, includ- 
ing investment earnings on such proceeds (to the extent 
provided by the Board of Finance), and (iv) other 
amounts legally available therefor (THE PLEDGED 
AMOUNTS), (b) shall not ever constitute within the 
meaning of any constitutional or charter provision or 
otherwise (i) an indebtedness of the City or any other 
political subdivision of the State of Maryland or (ii) a 
charge against the general credit or taxing powers of the 
City and (c) shall not ever constitute (directly, indi- 
rectly or contingently) an obligation, moral or otherwise, 
of the State of Maryland or of any political subdivision 
thereof, including the City, to levy or pledge any form of 
taxation whatever therefor for their payment; pledging 
THE PLEDGED AMOUNTS -W- fee Pl o dgod R o vonu es 
•(as d e fin e d in this Ordinanc e ), 4M4- amount s i» any re- 
servo f und es tabli s hed by the Board of Financ e for- the 
paym e nt el the principal ofy premium 0% i4* aftyy aftd in- 
terest on the Revenue Obligation s , including inve s tm e nt 
e arning s oft such fund s 4to tke ext e nt provide d by the 
B oard of Finance), an4 (iii) unoxpondo d proc o od s of 
the Rovenu o Obligation s , including inv es tm e nt e arnings 
Oft s uch procood s, to the payment of debt service on the 
Revenue Obligations TO THE EXTENT PROVIDED IN 
THE ADMINISTRATIVE RESOLUTION; authorizing 
the creation of a debt service reserve fund, as additional 
security for the payment of the Revenue Obligations (to 
the extent provided by the Board of Finance), and other 
reserve funds, as determined by the Board of Finance; 
establishing certain covenants of the City with respect to 
the water rates and charges to be established and main- 
tained by the City from time to time, including, without 
limitation, the covenant to establish and maintain water 
rates and charges at a level sufficient, together with 
other amounts in the Water Operating Fund and avail- 
able therefor, to meet for each Fiscal Year of the City 
(defined in this Ordinance) the Operating Requirements 
of the Utility (as defined in this Ordinance) and to 
assure at least a one hundred and twenty percent 
(120%) coverage from Pledged Revenues (as defined 
in this Ordinance) of Maximum Annual Debt Service 
on the Revenue Obligations (as defined in this Ordi- 
nance); providing for the disbursement of the proceeds 
of the Revenue Obligations (as defined in this Ordi- 



40 ORDINANCES 

nance) ; AUTHORIZING THE CITY TO BORROW ON 
A SHORT TERM BASIS, FROM TIME TO TIME, 
PURSUANT TO APPLICABLE LAW, AN AMOUNT 
NOT TO EXCEED EIGHTY PERCENTUM (80%) OF 
THE DIFFERENCE AT ANY TIME BETWEEN 
THE REVENUES EXPECTED TO BE PAID BY 
BALTIMORE COUNTY, MARYLAND FOR WATER 
UTILITY SERVICES RENDERED TO THE COUNTY 
BY THE CITY AND THE COSTS ACCRUED BY THE 
CITY IN CONNECTION WITH THE RENDERING OF 
WATER UTILITY SERVICES BY THE CITY TO THE 
COUNTY AND PROVIDING THAT SUCH BORROW- 
ING MAY BE ACCOMPLISHED BY, AMONG OTHER 
THINGS, THE ISSUANCE OF REVENUE OBLIGA- 
TIONS AND PROVIDING THAT THE AMOUNTS SO 
BORROWED SHALL NOT BE CUMULATIVE AND 
SHALL BE IN ADDITION TO THE AMOUNT OF 
REVENUE OBLIGATIONS AUTHORIZED IN SEC- 
TION 2 OF THIS ORDINANCE; providing for the pay- 
ment of any Revenue Notes or Refunding Revenue Notes 
outstanding from the first proceeds of any Refunding 
Revenue Bonds issued by the City in an amount neces- 
sary, together with any other available funds, to provide 
for the payment of the principal of and interest on such 
outstanding notes at maturity; if Revenue Notes or Re- 
funding Revenue Notes are issued hereunder, covenant- 
ing to issue Refunding Revenue Bonds when, and as soon 
as, the reason for deferring the issuance thereof no longer 
exists; establishing certain covenants of the City with 
respect to the water enterprise utility and with re- 
spect to the Revenue Obligations; providing that the 
proceeds of the Revenue Obligations or any monies 
which may be deemed to be proceeds thereof, will not 
be used in a manner which would cause the Revenue 
Obligations to be arbitrage bonds; providing that the 
Board of Finance may determine by resolution or other 
appropriate action certain other matters pertaining to 
the issuance, sale or delivery of any series of the 
Revenue Obligations; providing that certain actions may 
be taken with respect to the consolidation of the Water 
Utility with the wastewater utility of the City and with 
respect to the security for the Revenue Obligations, 
under certain circumstances; providing for the recalcu- 
lation of Pledged Revenues under certain changed cir- 



ORDINANCES 41 

cumstances; providing- for the amendment or supplemen- 
tation of this Ordinance to increase the authorized 
amount of Revenue Obligations, so long as such amend- 
ment or supplementation is in accordance with this 
Ordinance and any resolutions of the Board of Finance 
relating thereto; and generally relating to the issuance, 
sale, delivery and payment of all Revenue Obligations. 

RECITALS 

A. For convenience of reference, Mayor and City 
Council of Baltimore, a municipal corporation organized 
and existing under the Constitution and laws of the State 
of Maryland, is hereinafter sometimes referred to as the 
"City". 

B. By City Charter amendment and ordinance (both 
described herein), the City established a separate enter- 
prise system for the City's water utility (the "Water 
Utility") in December of 1978. The Water Utility re- 
quires capital funding from time to time for improve- 
ments to its facilities, which funding may come from 
various sources. Although the proceeds of general obli- 
gation bonds have been utilized to provide a source for 
Water Utility capital funding in the past, the City has 
determined to issue revenue bonds to provide the fund- 
ing for Water Utility capital projects as an important 
step in the implementation of a fully separate, self-sus- 
taining enterprise system as envisioned by the Charter 
of Baltimore City, 1964 Revision, as amended (the "City 
Charter"). The revenue bonds will require and the City 
Charter does require that rates and charges established 
for the Water Utility be maintained at a level permitting 
the Water Utility to operate on a self-supporting basis. 
This Ordinance sets forth the procedure for the issuance 
of revenue bonds in furtherance of this self-supporting 
concept. 

C. Section 50 ("Section 50") of Article II of the City 
Charter authorizes the City to borrow money to finance 
undertakings for the accomplishment of any of the pur- 
poses, objects and powers of City and in connection there- 
with to issue obligations (including refunding obligations) 
payable as to both principal and interest solely from and 
secured solely by a pledge of the revenues from or aris- 
ing in connection with the property, facilities, develop- 



42 ORDINANCES Ord. No. 866 

ments and improvements whose financing is undertaken 
by issuance of such notes or bonds. 

D. Article 31, Section 12 of the Annotated Code of 
Maryland (1976 Replacement Volume and 1982 Cumula- 
tive Supplement) (the "Bond Anticipation Note Enabling 
Act") authorizes and empowers the City to borrow money 
in anticipation of the issuance of obligations authorized 
under Section 50 and to evidence such borrowing by the 
issuance and sale of its bond anticipation notes in aggre- 
gate amount not greater than the authorized amount of 
the obligations in anticipation of the sale of which the 
notes are issued and sold. The Bond Anticipation Note 
Enabling Act provides that such notes shall be payable 
as to interest and principal (except to the extent paid 
from proceeds of the sale of the notes) from the first 
proceeds of the obligations in anticipation of the sale of 
which such notes are issued. The Bond Anticipation Note 
Enabling Act further authorizes and empowers the City 
to pay up to twelve months' interest on the notes from 
the proceeds of the notes. The Bond Anticipation Note 
Enabling Act authorizes the sale of any notes to be issued 
pursuant to such act by public sale or by private nego- 
tiation with prospective purchasers, if such negotiated sale 
is deemed by the City to be in the best interest of the 
City. The Bond Anticipation Note Enabling Act authorizes 
the renewal at maturity of bond anticipation notes issued 
thereunder, with or without resale. 

E. Section 50 and the Bond. Anticipation Note En- 
abling Act together are referred to herein as the "Enabling 
Laws." Subject to further definition in Section 1 of this 
Ordinance, (i) notes issued under this Ordinance, in- 
cluding parity notes issued pursuant to any ordinance 
supplemental hereto, are referred to herein as "Revenue 
Notes" or "Refunding Revenue Notes," as the case may 
be;, (ii) bonds issued under this Ordinance, including 
parity bonds issued pursuant to any ordinance supple- 
mental hereto, are referred to herein as "Revenue Bonds" 
or "Refunding Revenue Bonds," as the case may be; (iii) 
the Revenue Notes, the Refunding Revenue Notes, the 
Revenue Bonds and the Refunding Revenue Bonds are 
collectively referred to herein as the "Revenue Obliga- 
tions"; and (iv) the Refunding Revenue Notes and the 






ORDINANCES 43 

Refunding Revenue Bonds are collectively referred to here- 
in as the "Refunding Obligations." 

F. The City proposes to spend a portion of the pro- 
ceeds of the Revenue Notes or the Revenue Bonds (as 
the case may be) to refund certain outstanding full faith 
and credit obligations of the City which were issued to 
finance capital improvements for water facilities of 
the City. The City proposes to expend the balance of the 
proceeds of the Revenue Notes or Revenue Bonds (as 
the case may be) , after the payment of Costs of Issuance 
(as defined in this Ordinance) and the creation of neces- 
sary reserves, INCLUDING, WITHOUT LIMITATION, 
DEBT SERVICE RESERVES AND OPERATING RE- 
SERVES, for the general public purposes of financing 
the costs of Water Utility capital projects (i) ap- 
propriated in any past or the current Ordinance of Esti- 
mates (as of the date of issuance of any series of Reve- 
nue Obligations), (ii) included, from time to time, in the 
City's six-year capital program (or comparable document, 
from time to time), (iii) contained in any supplemental 
appropriation to the Ordinance of Estimates approved 
from time to time by the City Council and (iv) which 
are the subjects of transfers from existing appropriations 
in the Ordinance of Estimates, as approved, from time 
to time, by the Board of Estimates (collectively, the "Fi- 
nanced Facilities"). The proceeds of the Revenue Notes 
or Revenue Bonds (as the case may be), may be used to 
repay to the City amounts expended for the Financed 
Facilities in anticipation of the issuance of the Revenue 
Obligations. All water facilities of the City, includ- 
ing the Financed Facilities, are referred to herein as the 
"Water Facilities". 

G. The City proposes to spend the proceeds of any 
Refunding Obligations hereby authorized for the general 
public purposes of paying, prepaying, refinancing or re- 
structuring the debt evidenced by the Revenue Notes, the 
Revenue Bonds or any other Refunding Obligations issued 
pursuant to this Ordinance, which repayment may include 
the payment of any premium on such obligations, the 
payment of Costs of Issuance (as defined in this Ordi- 
nance) and the creation of reserve funds for the Re- 
funding Obligations, including, WITHOUT LIMITATION 



44 ORDINANCES Ord. No. 866 

reserves for the payment of int e r e st on- the Refunding Ob- 
ligations. 

H. Section 50 confers upon the Board of Finance of 
the "City (as successor to the Commissioners of Finance 
of the City) certain powers in connection with revenue 
obligations issued pursuant thereto, including, without 
limitation, the power to determine the form or forms of 
obligations, the date of the obligations issued at any par- 
ticular time, the right of redemption of the obligations 
prior to maturity, if any, and the rate or rates of in- 
terest to be borne by the obligations. 

I. Article 6, Section 11 of the City Charter provides 
that the Water Utility shall be conducted as a sepa- 
rate self-sustaining enterprise and that the City shall have 
adopted by January 1, 1979 an ordinance or ordinances as 
may be necessary or desirable to implement the provi- 
sions of such Section 11. On December 12, 1978 the 
City Council adopted Ordinance No. 941, approved by the 
Mayor on December 14, 1978, providing for the imple- 
mentation of a separate enterprise system for the Water 
Utility. 

J. In addition to any Revenue Obligation proceeds 
which may be available therefor, the Revenue Obligations 
shall be payable solely and only from (i) Operating Reve- 
nues of the Utility (denned herein) arising from the in- 
crease in Rates and Charges (defined herein) established 
by the City from time to time over those Rates and 
Charges established by the City as of June 30, 1979 (the 
"Pledged Revenues"), (ii) amounts in any FUNDS 
PLEDGED TO THE PAYMENT OF THE REVENUE 
OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, 
ANY reserve fund established by the Board of Finance for 
the payment of the principal of, premium on, if any, and 
interest on the Revenue Obligations, including investment 
earnings on any such fundS (to the extent provided by 
the Board of Finance), (iii) unexpended proceeds of the 
Revenue Obligations, including investment earnings on such 
proceeds (to the extent provided by the Board of Finance), 
and (iv) other amounts legally available therefor; pro- 
vided, however, that if after the date of issuance of any 
series of Revenue Obligations, the method of setting- 
Rates and Charges which was utilized as of June 30, 1979 



ORDINANCES 45 

is changed by the City (the "New Method"), the Pledged 
Revenues for any period shall be the Operating Revenues 
of the Utility arising from the increase in Rates 
and Charges established by the City under the New 
Method over those Rates and Charges which would have 
been established by the City as of June 30, 1979 had 
the City applied the New Method as of June 30, 1979; 
provided further, however, that the New Method shall be 
applied only to the extent that such application does not 
result in any diminution in the se curity fo^ the Revenu e 
BREACH OF THE RATE REQUIREMENTS, Obliga - 
tion s , as of the date of such application, as provided in the 
Administrative Resolution (defined herein). 

K. The Revenue Obligations shall not ever constitute 
within the meaning of any constitutional or charter pro- 
vision or otherwise (i) an indebtedness of the City or 
any other political subdivision of the State of Maryland 
or (ii) a charge against the general credit or taxing 
powers of the City. The issuance of the Revenue Obliga- 
tions is not directly or indirectly or contingently an 
obligation, moral or otherwise, of the State of Maryland 
or of any political subdivision thereof, including the City, 
to levy or pledge any form of taxation whatever there- 
for for their payment. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, in addition to any other terms defined 
elsewhere in this Ordinance, the following terms shall 
have the following meanings in this Ordinance: 

"Capital Receipts of the Utility" means all receipts 
deposited in the Water Capital Fund of the Water 
Utility OR ANY FUND FOR CAPITAL PROJECTS 
CREATED PURSUANT TO THE ADMINISTRATIVE 
RESOLUTION, including, without limitation, revenues, re- 
ceipts from federal grants, State grants, county grants, pri- 
vate grants, State loans, city general obligation loan 
funds, proceeds of the Revenue Obligations and all other 
receipts dedicated to particular capital projects of the 
Water Utility. 

"Debt Service Requirement" means, for any period, the 
amount of all payments of principal, premium, if any, 
and interest payable on the Revenue Bonds and Refund- 
ing Revenue Bonds for such period and the amount of 



46 ORDINANCES Ord. No. 866 

all payments of interest payable on the Revenue Notes 
and Refunding Revenue Notes for such period; provided, 
however that the Debt Service Requirement for such 
period shall include, after thirty-six months from the 
date of issue thereof, amounts equal to the level amortiza- 
tion of principal payable on Revenue Notes and Refunding 
Revenue Notes, assuming a twenty-five (25) year ma- 
turity, if such notes and any notes refunding such notes, 
are outstanding after thirty-six months from the date of 
issue of such notes. 

"Extraordinary Capital Requirement" means, for any 
period, the amount of appropriation authority in the Water 
Utility capital budget portion of the Ordinance of 
Estimates necessary for non-recurring, unanticipated, 
major capital expenditures related to the maintenance 
or repair of the Water Facilities during such period 
and not otherwise provided for in the Water Utility 
operating or capital budget portion of the Ordinance of 
Estimates, but in any event, not less than one million 
dollars ($1,000,000) for Fiscal Years 1982-1983 and 1983- 
1984, and thereafter an amount not less than two and a 
half percent (2*4%) of the Operating Revenues of the 
Utility for the preceding comparable period. All amounts 
credited to the Renewal and Replacement Fund established 
by the Administrative Resolution (defined herein) shall 
be credited towards the Extraordinary Capital Require- 
ment, 

"Maximum Annual Debt Service Requirement" means 
at the time of application of such term the highest amount 
of the Debt Service Requirement' in the then current or 
any future Fiscal Year during which Revenue Obliga- 
tions are outstanding. 

"Operating Requirements of the Utility" means, for any 
period, the amount of money necessary to meet (i) all 
operating expenses of the Water Utility, exclusive 
of depreciation; (ii) the Debt Service Requirement; (iii) 
all amounts necessary for adequate working c apital OP- 
ERATING RESERVES for the Water Utility, as deter- 
mined in the Administrative Resolution, but in any event, 
no less than £o±4y- SIX PERCENT (6^ ) five .(-ieVdays of 
the previous Fiscal Year's operating expenses, exclusive of 
depreciation; (iv) all amounts payable to any reserve funds 
established for the payment of the Revenue Obligations by 



ORDINANCES 47 

the Board of Finance; (v) all amounts necessary to meet 
the Ordinary Capital Requirement; (vi) all amounts neces- 
sary to maintain the Extraordinary Capital Requirement 
for such period, including all amounts payable to the Re- 
newal and Replacement Fund established in the Adminis- 
trative Resolution (defined herein), as provided in the Ad- 
ministrative Resolution; (vii) all amounts necessary to 
fund appropriations for specific capital projects to the ex- 
tent that such projects are expected to be paid from 
Operating Revenues of the Utility; (viii) all other amounts 
which the City may by law or contract be obligated to 
pay from the Water Operating Fund with respect to the 
iWater Utility, including, without limitation, amounts pay- 
able under any obligation subordinate to the Revenue 
Obligations, any lease, financing lease, sale-leaseback, let- 
ter of credit or line of credit; (ix) all amounts necessary 
to compensate the Water Utility for any operating deficit 
from the previous Fiscal Year or Years; and (x) all pay- 
ments of principal, premium, if any, and interest on the 
City's general obligation bonds issued to provide the Water 
Facilities. 

"Fiscal Year" means the period from July 1 through 
June 30 of each year, or any other fiscal year established 
by the City from time to time. 

"Operating Revenues of the Utility" means all income, 
revenue, receipts and other moneys deposited in the Water 
Operating Fund of the Water Utility, including, without 
limitation, all amounts derived by the City from the own- 
ership and operation of the Water Utility and all ac- 
counts, general intangibles and contract or other rights 
to receive the same, and the proceeds thereof, but exclusive 
of Capital Receipts of the Utility. 

"Ordinance" or "this Ordinance" means this ordinance 
and any ordinances adopted by the City supplemental 
hereto. 

"Ordinary Capital Requirement" means, for any period, 
the amount of appropriation authority included in 
the Water Utility capital budget portion of the Or- 
dinance of Estimates as DEEMED necessary for the pay- 
ment of normal recurring capital costs related to the re- 
newing, improving, rebuilding or extending of the Water 



48 ORDINANCES Ord. No. 866 

Facilities during such period and expected to be provided 
from current Operating Revenues of the Utility. 

"Rates and Charges" means the rates and charges as- 
sessed or established by the Board of Estimates in ac- 
cordance with Article 29, Sections 21 and 21A of the 
Baltimore City Code for the supply and use of water for 
any purpose and at any point in or outside Baltimore 
City, either by meter, fixed charge or otherwise. 

"Rate Requirements" means those requirements for the 
establishment of Rates and Charges as set forth in Section 
9 of this Ordinance. 

"Wastewater Utility" means the wastewater utility con- 
ducted as a separate enterprise pursuant to Article VI, 
Section 11 of the City Charter. 

"Water Utility" means the water utility conducted as 
a separate enterprise pursuant to Article VI, Section 11 
of the City Charter. 

Sec. 2. And be it further ordained, That: 

A. The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations which, when 
issued, will result in receipt by the City (inclusive of 
Costs of Issuance, as defined herein) of not exceeding 
eighteen million dollars ($18,000,000) is hereby authorized 
for the general public purposes of financing the cost of 
the Financed Facilities and repaying the City for amounts 
expended on Financed Facilities in anticipation of the 
issuance of the Revenue Obligations. This maximum 
amount may consist of (i) Revenue Notes, (ii) Revenue 
Bonds, (iii) Refunding Revenue Notes, (iv) Refunding 
Revenue Bonds, or (v) any combination of items (i) to 
(iv) above. Any Refunding Obligations issued hereunder 
to refund any Revenue Obligations previously issued here- 
under shall replace that portion of the authorized amount 
of Revenue Obligations previously issued and shall not be 
deemed to reduce the maximum authorized amount of 
Revenue Obligations permitted to be issued hereunder. 

B. The Revenue Notes authorized under this Ordinance 
constituting part of an issue of Revenue Notes no obliga- 
tion of which is of a maturity of over thirty-six (36) 
months are hereby designated "Revenue Notes (Water 
Projects)"; the Revenue Bonds authorized under this 



ORDINANCES 49 

Ordinance constituting part of an issue of Revenue Bonds 
at least one obligation of which is of a maturity of over 
thirty-six (36) months are hereby designated "Revenue 
Bonds (Water Projects)"; the Refunding Obligations au- 
thorized under this Ordinance constituting part of an issue 
of Refunding Obligations no obligation of which is of a 
maturity of over thirty-six (36) months are hereby desig- 
nated "Refunding Revenue Notes (Water Projects)"; 
and the Refunding Obligations authorized under this Ordi- 
nance constituting part of an issue of Refunding Obliga- 
tions at least one obligation of which is of a maturity of 
over thirty-six (36) months are hereby designated "Re- 
funding Revenue Bonds (Water Projects) ". 

C. The proceeds of the Revenue Notes or Revenue 
Bonds, as the case may be, shall be used for the purposes 
described in Section 3 of this Ordinance. The proceeds of 
any Refunding Obligations shall be used for the purposes 
described in Section 3 of this Ordinance. The Revenue 
(Notes, the Revenue Bonds or the Refunding Obligations, 
as the case may be, may be issued in one or more series, 
and each such series shall be identified by a year and a 
letter designation, so that the first series in the year 1982 
(if the issuance of more than one series of notes or bonds 
hereunder is then contemplated and if issued in the year 
1982) shall be designated "Revenue Notes (Water Proj- 
ects), Series 1982-A"; "Revenue Bonds (Water Projects), 
Series 1982-A"; "Refunding Revenue Notes (Water Proj- 
ects), Series 1982-A"; or "Refunding Revenue Bonds 
(Water Projects), Series 1982-A", unless another designa- 
tion is determined in the Administrative Resolution (de- 
fined herein). The aggregate principal amount of Revenue 
Obligations to be issued pursuant to this Ordinance at any 
one time shall be determined by the Board of Finance in 
the Administrative Resolution (defined herein). The reso- 
lution or resolutions adopted by the Board of Finance 
pursuant to this Ordinance are collectively referred to 
herein as the "Administrative Resolution". 

Sec. 3. Be it further ordained, That: 

A. The net proceeds from the sale of the Revenue 
Notes or the Revenue Bonds, as the case may be, author- 
ized to be issued and sold by this Ordinance, shall be 



50 ORDINANCES Ord. No. 866 

used and applied for the public purposes of (i) refinanc- 
ing certain outstanding full faith and credit obligations 
of the City which were issued to finance capital improve- 
ments for water facilities of the City; (ii) financing, 
in part, the cost of the Financed Facilities (either di- 
rectly or by repayment to the City, as provided in this 
Ordinance) ; (iii) funding capitalized interest on any 
series of the Revenue Notes or Revenue Bonds to the 
extent deemed necessary and in accordance with any lim- 
itation on the period for such funding established by law; 
(iv) paying the Costs of Issuance (defined herein) of 
any series of Revenue Notes or Revenue Bonds; and (v) 
funding any reserve funds, including, WITHOUT LIMITA- 
TION, reserves for the Revenue Notes or Revenue Bonds 
AND OPERATING REVENUES (to the extent provided 
by the Board of Finance), created pursuant to this Ordi- 
nance and the Administrative Resolution. 

B. The net proceeds from the sale of the Refunding 
Obligations authorized to be issued and sold by this Ordi- 
nance, shall be used and applied for the public purposes 
of (i) refinancing, restructuring, refunding or renew- 
ing, in whole or in part, from time to time, any out- 
standing Revenue Notes, Revenue Bonds and Refunding 
Obligations, including the payment of any redemption 
premium thereon; (ii) paying any redemption premium 
in connection with obligations being refinanced or re- 
funded from the proceeds of the Refunding Obligations; 
(iii) paying the Costs of Issuance (as defined in Section 
19 hereof) of any such series of Refunding Obligations; 
and (iv) funding any reserve funds for the Refunding 
Obligations, including, WITHOUT LIMITATION, reserves 
for the payment of int e re s t ther e on THE REFUNDING 
OBLIGATIONS AND ANY OPERATING RESERVES 
(to the extent provided by the Board of Finance), created 
pursuant to this Ordinance and the Administrative Reso- 
lution. 

Sec. 4. Be it further ordained, That: 

A. The City finds and determines That: 

(a) The Board of Finance, being primarily respon- 
sible for the issuance and sale of the City's certificates 



ORDINANCES 51 

of indebtedness, has the expertise and experience neces- 
sary to be primarily responsible for the determination of 
matters set forth herein to be within its jurisdiction. The 
market for revenue obligations of the City may change 
from time to time from those conditions at the time of 
issuance of the Revenue Notes or the Revenue Bonds and 
it is in the best interest of the City to grant broad au- 
thority and flexibility to the Board of Finance in con- 
nection with the issuance of the Revenue Obligations. 

(b) The existence of a growing market for tax-exempt 
obligations (i) structured in the form of short term 
commercial paper, (ii) structured as bond anticipation 
notes or refunding notes, (iii) tied to an interest rate or 
rates that vary with a defined or stated indicator or in- 
dex or combinations thereof, (iv) utilizing zero coupon 
bonds or compound interest bonds, (v) issued in connec- 
tion with a sale lease-back transaction or a financing lease, 
(vi) utilizing letters of credit or lines of credit and (vii) 
otherwise structured in a form then responsive to the 
market, necessitates the establishment of procedures which 
permit the City to utilize such a market for its obliga- 
tions in addition to the traditional tax-exempt markets. 
(The structures contemplated in this paragraph are re- 
ferred to herein as the "Market Structures".) 

B. Prior to the delivery of any series of Revenue 
Obligations, the Board of Finance shall adopt the Admin- 
istrative Resolution, which shall prescribe, subject to the 
Enabling Laws, (i) the principal amount of Revenue 
Obligations to be issued as a series at any one time, (ii) 
the date of issue of the series of Revenue Obligations, 
(iii) the interest rate or rates to be borne by the series 
of Revenue Obligations, or the method by which such 
interest rate or rates shall be computed, including the 
establishment of limitations on the interest rate or rates, 
beyond which further approvals of the Board of Finance 
are required, (iv) the time periods and method of pay- 
ment of interest on the Revenue Obligations, (v) the 
redemption provisions, if any, for the series of Revenue 
Obligations, (vi) the maturity or maturities of the series 
of Revenue Obligations, (vii) the denomination or denomi- 
nations of any Revenue Obligations, (viii) the form, use 
of registration and mechanics for payment of the Revenue 



52 ORDINANCES Ord. No. 866 

Obligations, and (ix) any other terms necessary or ap- 
propriate to reflect any matters provided in the Admin- 
istrative Resolution. 

C. The City hereby determines that under facts and 
circumstances now existing, it is in the best interest of 
the City to provide for the sale of the Revenue Notes 
and the Refunding Revenue Notes by private negotia- 
tion, unless the Board of Finance shall determine that 
a particular issue or series of Revenue Notes or Refund- 
ing Revenue Notes shall be sold by competitive bidding. 
The Board of Finance is hereby authorized to determine 
whether a particular issue or series of Revenue Notes 
or Refunding Revenue Notes shall be sold by competitive 
bidding and any such determination shall be set forth 
in the Administrative Resolution for any such issue or 
series of notes. The City also hereby determines that under 
the facts and circumstances now existing, it is in the 
best interest of the City to provide for the sale of the 
Revenue Bonds and the Refunding Revenue Bonds by 
private negotiation, for such period of time deemed neces- 
sary by the Board of Finance to establish acceptance of 
the City's revenue obligation program for the Water 
Utility in the revenue bond market, and to provide there- 
after for the public sale of the Revenue Bonds and Re- 
funding Revenue Bonds, unless the Board of Finance shall 
determine that a particular issue or series of bonds shall 
be sold by private (negotiated) sale. 

D. The Board of Finance is hereby authorized to 
adopt a master resolution under which procedures are 
established to facilitate the prompt determination and 
approval of one or more of the matters set forth above. 
Such procedures may include telephonic approval and 
subsequent telegraphic or written confirmation of one or 
more of such matters by a designated officer of the City 
if prescribed guidelines or parameters set forth in the 
master resolutions or any amendment thereto, are not 
exceeded. 

E. The Board of Finance is further authorized to 
establish a procedure whereby a variable or floating rate 
or rates can be utilized for any series of Revenue Obli- 



ORDINANCES 53 

gations, and to establish any necessary relations with a 
commercial bank or other appropriate institution to fa- 
cilitate the payment of Revenue Obligations, including 
(without limitation) the use of general or standby letters 
of credit, lines of credit, bond insurance, demand features, 
loan agreements, back up loan arrangements or notes or 
similar arrangements. 

F. The Board of Finance is further authorized to take 
such further or additional actions as are needed to permit 
the utilization of any of the Market Structures in con- 
nection with issuance of any series of Revenue Obligations. 

G. The Administrative Resolution shall be deemed to 
be of an administrative nature and shall take effect on and 
from the date of its passage. 

Sec. 5. And be it further ordained, That: 

A. The Revenue Obligations (a) shall be payable solely 
and only from (i) Pledged Revenues, (ii) amounts in 
any FUNDS PLEDGED TO THE PAYMENT OF THE 
REVENUE OBLIGATIONS, INCLUDING, WITHOUT 
LIMITATION, ANY reserve fund established by the Board 
of Finance for payment of the principal of, premium on, if 
any, and interest on the Revenue Obligations, including any 
investment earnings on any such fundS (to the extent pro- 
vided by the Board of Finance), (iii) unexpended proceeds 
of the Revenue Obligations, including investment earnings 
on such proceeds (to the extent provided by the Board of 
Finance), and (iv) other amounts legally available there- 
for (COLLECTIVELY, THE "PLEDGED AMOUNTS") 
and (b) shall not ever constitute within the meaning of 
any constitutional or charter provision or otherwise (i) 
an indebtedness of the City or any other political sub- 
division of the State of Maryland or (ii) a charge against 
the general credit or taxing powers of the City. The is- 
suance of the Revenue Obligations shall not constitute 
(directly, indirectly or contingently) an obligation, moral 
or otherwise, of the State of Maryland or of any political 
subdivision thereof, including the City, to levy or pledge 
any form of taxation whatever therefor for their payment. 

B. The Pledged Rovonuos, amount s i» any rosorv e 
AMOUNTS £un4s es tablished by the Board of Fi nanc o for- 



54 ORDINANCES Ord. No. 866 

tho payment of tho principal ofy premium ofty if any? a»4 
intere st on tko Rovonuo Obligation ^ including inv es tm e nt 
e arnings on any suok- fund -£te the extent provid e d by tho 
Board of Financ e ) » an4 un e xp e nded proceed s of tho Rev - 
e nu e Obligations, including investment e arning s on such 
procee ds -(4ho "Pl e dg o d Amounts") are hereby pledged by 
the City to secure the repayment of the principal of, pre- 
mium on, if any, and interest on the Revenue Obligations. 
The City represents and warrants that the Pledged 
Amounts are and will be free and clear of any pledge, lien, 
charge or encumbrance thereon or with respect thereto 
prior to, "or of equal rank with, the pledge created by this 
Ordinance except to the extent expressly permitted by the 
Administrative Resolution. The City covenants and agrees 
that it shall at all times, to the extent permitted by law, 
defend, preserve and protect the pledge of the Pledged 
Amounts, and all the rights of the holders of the Revenue 
Obligations under this Ordinance and the Administrative 
Resolution against all claims and demands of all persons 
whomsoever. 

Sec. 6. And be it further ordained, That, the Board of 
Finance may establish from the proceeds of the Revenue 
Obligations or other funds of the Water Utility or 
any other amounts whatsoever, one or more reserve funds 
for the Revenue Obligations, including (without limita- 
tion) a Debt Service Reserve Fund, which fund or funds 
may be pledged to the payment of principal of, premium 
on, if any, and interest on such notes and bonds in the 
event that the Pledged Amounts for any year are insuffi- 
cient to pay the principal of, premium on, if any, and 
interest on the Revenue Obligations for such year. This 
section shall not be deemed to preclude the establishment of 
other reserve funds, the amounts in which are not Pledged 
Amounts, in connection with the Revenue Obligations or 
any subordinate obligations of the Water Utility T . includ - 
ing (without limitation) a Ronowal an4 Replac e m e nt Fundi 

Sec. 7. And be it further ordained, That, the City hereby 
covenants that it will pay the principal of, the premium 
on, if any, and the interest on any Revenue Notes or 
Refunding Revenue Notes in the nature of bond antici- 
pation notes from the first proceeds of any Refunding 
Revenue Bonds issued hereunder when, and as soon as, the 



ORDINANCES 55 

reason for deferring their issuance no longer exists; but 
in any event, in sufficient time to permit the payment of 
the Revenue Obligations at maturity or extended maturity. 

Sec. 8. And be it further ordained, That, the City shall 
not, except as provided in the Administrative Resolution, 
directly or indirectly extend or assent to the extension of 
the maturity of any of the Revenue Obligations or the 
time of payment of any of the coupons or claims for in- 
terest on such Revenue Obligations. Nothing in this Sec- 
tion shall be deemed to limit the right of the City to issue 
Refunding Obligations and such issuance shall not be 
deemed to constitute an extension of maturity of the Reve- 
nue Obligations or an extension of the time of payment 
of any coupons or claims for interest on the Revenue 
Obligations. 

Sec. 9. And be it further ordained, That, the City 
covenants that: 

A. It will take or cause to be taken all actions neces- 
sary to ensure that Rates and Charges are assessed, es- 
tablished and collected so that, for each Fiscal Year, (i) 
the aggregate amount of collections from such Rates and 
Charges, together with any other moneys then legally 
available therefor, will be at all times at least equal to 
one hundred per cent (100%) of the Operating Require- 
ments of the Utility and (ii) the amount of Pledged 
Revenues collected from such Rates and Charges will be 
at all times at least equal to one hundred twenty per cent 
(120%) of the Maximum Annual Debt Service Require- 
ment. The foregoing requirements are collectively referred 
to as the "Rate Requirements". THE PHRASE "OTHER 
MONEYS THEN LEGALLY AVAILABLE THEREFOR" 
IN THE RATE REQUIREMENTS SHALL INCLUDE, 
WITHOUT LIMITATION, UP TO THE AMOUNT AU- 
THORIZED TO BE BORROWED BY THE CITY OR 
LOANED TO THE WATER UTILITY PURSUANT TO 
SECTION 9D. BELOW TO THE EXTENT SUCH 
AMOUNT HAS BEEN BORROWED OR LOANED, AS 
THE CASE MAY BE, BUT SHALL EXCLUDE, WITH- 
OUT LIMITATION, ANY AMOUNTS BORROWED BY 
THE CITY OR LOANED TO THE WATER UTILITY 
PURSUANT TO SECTION 9E. BELOW AND ANY 
AMOUNTS RECEIVED OR TO BE RECEIVED BY THE 



56 ORDINANCES Ord. No. 866 

WATER UTILITY WHICH AMOUNTS ARE PAYABLE 
TO BALTIMORE COUNTY, MARYLAND ("BALTI- 
MORE COUNTY"). 

B. Under current City procedures, the City Charter 
and applicable law, the City covenants and agrees that it 
will cause the following acts to occur in timely fashion; 
that it will, in connection therewith, take any and all ac- 
tion necessary to that end; rnd that it intends to create 
the following obligations hereby: 

(i) The Director of Finance and the Director of 
Public Works, at the time of submission of the annual 
operating budget portion of the Ordinance of Estimates, 
shall recommend to the Board of Estimates the assess- 
ment and the establishment of Rates and Charges which 
at least meet the Rate Requirements. 

(ii) The City Council and the members thereof shall 
recommend to the Board of Estimates approval of Rates 
and Charges which at least meet the Rate Requirements. 

(iii) The Board of Estimates shall assess and estab- 
lish and the Director of Finance shall collect Rates and 
Charges which at least meet the Rate Requirements. 

(iv) Neither the Board of Estimates nor the Director 
of Public Works shall provide for abatement and reduc- 
tion of the Rates and Charges which would cause the 
Rates and Charges as assessed and established to equal 
less than the amounts necessary to satisfy the Rate 
Requirements. 

(v) Within sixty (60) days of the filing of the Fi- 
nancial Report (defined herein) with the City, if such 
report shows the Operating Revenues of the Utility to 
be less than the amount required to satisfy the Rate Re- 
quirements, the Director of Finance, the Director of Public 
Works and the City Council and the members thereof 
shall" recommend, and the Board of Estimates shall assess 
and establish, Rates and Charges which result in Operat- 
ing Revenues of the Utility at least equal to the amount 
necessary to satisfy the Rate Requirements. 

(vi) If at any time it is established to the satisfac- 
tion of the trustee for the Revenue Obligations (the 



ORDINANCES 57 

"Trustee") or the Director of Finance, in accordance 
with procedures established in the Administrative Reso- 
lution, that expected or actual Operating Revenues of 
the Utility will be or are less than the amount neces- 
sary to satisfy the Rate Requirements, the Director of 
Finance, the Director of Public Works and the City Coun- 
cil and the members thereof shall recommend and the 
Board of Estimates shall assess and establish, Rates and 
Charges which result, in Operating Revenues of the Utility 
at least equal to the amount necessary to satisfy the Rate 
Requirements. 

(vii) If in any Fiscal Year it appears that the Operat- 
ing Revenues of the Water Utility will be in excess 
of those budgeted for the Water Utility and if the 
Board of Estimates determines to decrease the Rates and 
Charges for any Fiscal Year or portion thereof as author- 
ized by Article 29, Section 21A.(a) of the Baltimore City 
Code, or any successor provision, any such decrease shall 
be such that the resulting collections from the reduced 
Rates and Charges will continue to satisfy the Rate Re- 
quirements throughout such Fiscal Year or portion thereof. 

(viii) Except as provided in this Ordinance and in 
the Administrative Resolution, so long as any Revenue 
Obligations are outstanding, the City shall not, in the 
normal course and without taking corrective steps to 
remedy the reasons therefor, furnish or supply any fa- 
cilities, services or commodities afforded by it in connec- 
tion with the Water Utility free of charge, except 
for water service rendered in connection with fire serv- 
ices of the City, as specified in the Administrative Reso- 
lution. The City will promptly enforce in the manner and 
to the extent provided by law the payment of any and 
all delinquent accounts except when the City determines 
that such enforcement is no longer practicable or econom- 
ically justified. 

C. The Board of Finance is. hereby authorized to es- 
tablish in the Administrative Resolution any procedure 
deemed necessary or desirable to permit the City to re- 
spond to any change in the method of establishment of 
Rates and Charges, so long as such procedure is consistent 
with the security of the holders of the Revenue Obliga- 



58 ORDINANCES Ord. No. 866 

tions, this Ordinance, the City Charter, the City Code and 
other applicable law. 

D. THE CITY RECOGNIZES THAT IN ORDER TO 
COMPLY WITH THE RATE REQUIREMENTS WITH- 
OUT UNNECESSARILY INCREASING RATES AND 
CHARGES, IT MAY BE NECESSARY TO BORROW 
CERTAIN AMOUNTS IN ANTICIPATION OF RE- 
CEIPT OF REVENUES ACCRUED FROM BALTIMORE 
COUNTY. ACCORDINGLY, THE CITY IS HEREBY AU- 
THORIZED TO BORROW ON A SHORT TERM BASIS 
NOT TO EXCEED TWO YEARS, PURSUANT TO AP- 
PLICABLE LAW, AN AMOUNT NOT TO EXCEED 
EIGHTY PERCENTUM (80%) OF THE DIFFERENCE 
AT ANY TIME BETWEEN THE REVENUES EX- 
PECTED TO BE PAID BY BALTIMORE COUNTY FOR 
WATER UTILITY SERVICES RENDERED TO BALTI- 
MORE COUNTY BY THE CITY AND THE COSTS AC- 
CRUED BY THE CITY IN CONNECTION WITH THE 
RENDERING OF WATER UTILITY SERVICES BY 
THE CITY TO BALTIMORE COUNTY (THE 'REV- 
ENUE ANTICIPATION BORROWING"). THE CITY IS 
HEREBY AUTHORIZED TO ACCOMPLISH SUCH 
BORROWING OR BORROWINGS, FROM TIME TO 
TIME, BY ANY ONE OR MORE OF THE FOLLOWING: 
(I) OBTAINING A STANDBY LINE OF CREDIT FROM 
A BANK OR TRUST COMPANY AUTHORIZED TO 
PROVIDE THE SAME AND ISSUING ITS NOTE IN 
THE AGGREGATE AMOUNT OF ANY MONEYS 
DRAWN AGAINST THE LINE OF CREDIT, SUCH 
NOTE OR NOTES TO BE DESIGNATED "REVENUE 
ANTICIPATION NOTE (WATER PROJECTS)"; (II) 
ISSUING REVENUE OBLIGATIONS; (III) BORROW- 
ING THE AMOUNT FROM THE CITY; OR (IV) BOR- 
ROWING THE AMOUNT PURSUANT TO ANY OTHER 
METHOD OF SHORT TERM BORROWING THEN AU- 
THORIZED BY APPLICABLE LAW AND APPROVED 
BY THE TRUSTEE FOR THE REVENUE OBLIGA- 
TIONS. IF THE REVENUE ANTICIPATION BORROW- 
ING IS ACCOMPLISHED THROUGH THE ISSUANCE 
OF REVENUE OBLIGATIONS, THE REVENUE AN- 
TICIPATION BORROWING WILL BE SECURED AS 
OTHER REVENUE OBLIGATIONS AND ANY REFER- 
ENCE IN THIS ORDINANCE TO THE SECURITY FOR 



ORDINANCES 59 

THE REVENUE OBLIGATIONS SHALL BE DEEMED 
TO INCLUDE THE REVENUE ANTICIPATION BOR- 
ROWING. THE AMOUNT AUTHORIZED TO BE BOR- 
ROWED BY THE CITY FROM TIME TO TIME PUR- 
SUANT TO THIS SUBSECTION SHALL NOT BE 
CUMULATIVE AND SHALL BE IN ADDITION TO 
THE AMOUNT OF REVENUE OBLIGATIONS AU- 
THORIZED IN SECTION 2 HEREOF. THE TERMS 
AND CONDITIONS OF ANY REVENUE ANTICIPA- 
TION BORROWING SHALL BE AS DETERMINED IN 
THE ADMINISTRATIVE RESOLUTION OR ANY 
OTHER RESOLUTION ADOPTED BY THE BOARD OF 
FINANCE IN CONNECTION WITH SUCH BORROW- 
ING, INCLUDING THE PROVISION FOR PRIVATE 
(NEGOTIATED) SALE OR PLACEMENT OF ANY 
CITY NOTE OR REVENUE OBLIGATIONS, WHICH 
PRIVATE SALE OR PLACEMENT IS HEREBY 
FOUND AND DETERMINED TO BE IN THE BEST 
INTEREST OF THE CITY UNLESS OTHERWISE DE- 
TERMINED BY THE BOARD OF FINANCE IN THE 
ADMINISTRATIVE RESOLUTION OR ANY OTHER 
RESOLUTION ADOPTED BY THE BOARD OF FI- 
NANCE IN CONNECTION WITH SUCH BORROWING. 

E. NOTHING IN THIS ORDINANCE SHALL PRE- 
CLUDE THE CITY FROM BORROWING MONEY PUR- 
SUANT TO APPLICABLE LAW IN ORDER TO MAKE 
A LOAN TO THE WATER UTILITY TO MEET ANY 
TEMPORARY CASH OPERATING DEFICIT OTHER 
THAN AS PROVIDED IN SECTION 9D. ABOVE; PRO- 
VIDED, HOWEVER, THAT THE PROCEEDS OF SUCH 
BORROWING OR LOAN SHALL NOT CONSTITUTE 
AMOUNTS AVAILABLE FOR SATISFACTION OF THE 
RATE REQUIREMENTS, AS PROVIDED IN SECTION 
9A. ABOVE. 

Sec. 10. And be it further ordained, That, the City 
hereby covenants that: 

A. It will take or cause to be taken all actions neces- 
sary so that amounts at least equal to the Rate Require- 
ments for each Fiscal Year (i) are included in the Ordi- 
nance of Estimates for each Fiscal Year and (ii) are 



60 ORDINANCES Ord. No. 866 

collected when due or as soon thereafter as possible in 
accordance with law. 

B. Under current City procedures, the City Charter 
and applicable law, this covenant shall be deemed to ob- 
ligate (i) the Director of Public Works to recommend to 
the Director of Finance that amounts at least equal to 
the Rate Requirements for each Fiscal Year shall be in- 
cluded in the operating budget portion of the proposed 
Ordinance of Estimates for each Fiscal Year; (ii) the 
Director of Finance to recommend inclusion of amounts 
at least equal to the Rate Requirements for each Fiscal 
Year in the operating budget portion of the proposed 
Ordinance of Estimates for each Fiscal Year; (iii) the 
Board of Estimates to include amounts at least equal to 
the Rate Requirements for each Fiscal Year in the pro- 
posed operating budget portion of the Ordinance of Esti- 
mates for each Fiscal Year; and (iv) the City Council 
not to reduce or eliminate amounts satisfying the Rate 
Requirements from the operating budget portion of the 
Ordinance of Estimates for each Fiscal Year. 

C. Under current City procedures, the City Charter 
and applicable law, this covenant shall be deemed to obli- 
gate the Director of Public Works to determine, prior 
to his submission of the capital budget for the Water 
Utility in any Fiscal Year, (i) the amount of the Ordi- 
nary Capital Requirement for the next ensuing Fiscal 
Year, and (ii) the amount necessary to maintain the 
Extraordinary Capital Requirement for the next ensuing 
Fiscal Year. 

D. The City shall not reduce any appropriation in- 
cluded in the Water Utility operating budget portion 
of the Ordinance of Estimates for any Fiscal Year unless 
requested to do so by the Director of Finance. 

Sec. 11. Be it further ordained, That, the City covenants 
that" if additional appropriations for expenditures for the 
Water Utility are approved to be made from Operat- 
ing Revenues of the Utility received or expected to be 
received in any Fiscal Year by the Water Utility in 
excess of those relied upon by the Board of Estimates 
in determining the Ordinance of Estimates for such Fiscal 
Year, the City will take or cause to be taken in timely 



ORDINANCES 61 

fashion all actions necessary to comply with the Rate 
Requirements. 

Sec. 12. Be it further ordained, That, the City covenants 
that if upon the application of the Director of Public 
Works, the amount for a particular program, purpose, 
activity or project budgeted for the Water Utility in 
the Ordinance of Estimates for any Fiscal Year is in- 
creased or the amount for a new program, purpose, activ- 
ity or project for the Water Utility is introduced by 
transferring amounts already appropriated to the Water 
Utility in the Ordinance of Estimates for any Fiscal 
Year, the City will take or cause to be taken all actions 
necessary to comply with the Rate Requirements. 

Sec. 13. Be it further ordained, That: 

A. The City covenants to take or cause to be taken 
all actions necessary to assure that (i) upon the recom- 
mendation of the Director of Finance and the Director 
of Public Works, appropriations for any program, pur- 
pose, activity or project included in the Ordinance of 
Estimates for any Fiscal Year for the Water Utility 
will be carried over to Fiscal Years subsequent to the 
one for which any appropriation was initially made for 
the accomplishment of such program, purpose, activity 
or project and (ii) any balance remaining to the credit 
of the Water Utility at the end of any Fiscal Year 
shall remain to the credit of the Water Utility and an 
estimate of such balance shall be included in the Water 
Utility's budget for the next ensuing Fiscal Year as 
an estimated receipt to be utilized with respect to the 
Water Utility, i.e. an amount to be available for ap- 
propriation in the Water Utility budget in the next 
ensuing Fiscal Year. 

B. Under current City procedures, the City Charter 
and applicable law, this covenant shall be deemed to ob- 
ligate (i) the Director of Public Works and the Director 
of Finance to recommend that any program, purpose, 
activity or project included in the Ordinance of Estimates 
for any Fiscal Year for the Water Utility which is 
necessary for the proper functioning of the Water 
Utility, be carried over to Fiscal Years subsequent to the 



62 ORDINANCES Ord. No. 866 

one for which any appropriation was initially made for 
the accomplishment of such program, purpose, activity 
or project; (ii) the Board of Estimates, upon the recom- 
mendation of the Director of Public Works and the Direc- 
tor of Finance, to approve the carrying over to Fiscal 
Years subsequent to the current Fiscal Year any program, 
purpose, activity or project relating to the Water Util- 
ity included in the Ordinance of Estimates for the cur- 
rent Fiscal Year; and (iii) the Board of Estimates to 
assure that any balance remaining to the credit of the 
Water Utility at the end of any Fiscal Year shall re- 
main to the credit of the Water Utility and an esti- 
mate of such balance shall be included in the Water 
Utility's budget for the next ensuing Fiscal Year. 

Sec. 14. And be it further ordained, That, the City cov- 
enants that it will not amend, seek to amend or have 
amended any existing law, the City Charter or current 
City procedures in any manner which would cause the 
covenants of the City contained in this Ordinance to be 
abrogated or breached. The City recognizes and acknowl- 
edges that its covenants with the holders of any Revenue 
Obligations are binding upon the City notwithstanding 
any change in applicable law, the City Charter or current 
City procedures. 

SEC. 15. And be it further ordained, That, the City 
covenants that (i) the accounting system utilized for the 
Water Utility will conform to generally accepted prin- 
ciples of utility accounting and will be kept on the 
accrual basis and in the manner prescribed in Article 
VII, Section 8 of the City Charter; (ii) the report with 
respect to the operation of the Water Utility which 
is required to be filed after the close of each Fiscal Year 
in accordance with Article 29, Section 21A.(a) of the 
City Code (the "Financial Report") will be submitted as 
a separate section of the statements prescribed under 
Article VII, Section 8 of the City Charter; (iii) the Fi- 
nancial Report will contain at least all of the financial 
statements required under Article 29, Section 21A. (a) 
of the Baltimore City Code and will be filed within one 
hundred and eighty (180) days of the close of each Fiscal 
Year; and (iv) the Financial Report shall be audited 
by an independent certified public accountant. 



ORDINANCES 63 

Sec. 16. And be it further ordained, That, the City 
hereby covenants and agrees as follows: 

A. Except as provided in this Ordinance and in the 
Administrative Resolution, the City shall not issue any 
bonds, notes or other evidences of indebtedness, other 
than the Revenue Obligations, secured by a ratable or 
parity pledge of or other lien on the Pledged Amounts, 
and shall not otherwise create or cause to be created any 
ratable or parity lien or charge on the Pledged Amounts. 

(i) So long as all necessary requirements of the 
City Charter, the City Code and other applicable law 
are complied with, nothing herein shall be construed to 
prohibit the issuance by the City of notes or other evi- 
dences of indebtedness (or renewals thereof) ("Obliga- 
tions") and the entering into of leases, financing leases, 
sale-leasebacks and similar transactions ("Leases") for 
any valid public purpose related to the Water Util- 
ity, which Obligations or Leases, if so determined by the 
Board of Finance, may be secured by a pledge of the 
Pledged Revenues, provided that such pledge shall in all 
respects be subordinate to the provisions of this Ordinance, 
the Administrative Resolution and the pledge created 
hereby and thereby; 

(ii) Notwithstanding anything in this Ordinance 
to the contrary, the City may issue Obligations and enter 
into Leases secured solely by the revenues, receipts or 
other moneys derived by the City from the lease, license, 
operation, sale or other disposition of any facility 
or equipment of the Water Utility constructed or ac- 
quired by or on behalf of the City with the proceeds of 
the Obligations or in connection with the Leases. Such 
revenues, receipts and other moneys shall not be con- 
sidered Operating Revenues of the Utility or Rates and 
Charges hereunder, provided that 

(a) neither the debt service on the Obliga- 
tions, the amounts payable in connection with the Leases, 
any cost of the acquisition, construction, leasing, opera- 
tion, maintenance or repair of any such facility or equip- 
ment nor provision for reserves for any of the foregoing 
shall be paid from the proceeds of Revenue Obligations 
or from Operating Revenues of the Utility or shall be 
included in operating expenses of the Water Utility, 



64 ORDINANCES Ord. No.. 866 

(b) any such revenues, receipts and moneys 
in excess of such debt service, amounts payable in con- 
nection with the Leases, cost of acquisition, construction, 
leasing, operation, maintenance and repair and reserves 
shall be deposited to the credit of the Water Utility 
(and upon such deposit shall be deemed Operating Reve- 
nues of the Utility) , and 

(c) prior to the issue of any Obligation or 
the entering into of any Lease, the City shall deliver to 
the Trustee for the Revenue Obligations a certificate of 
a consulting engineer stating that the lease, license, opera- 
tion, sale or other disposition of such facility or equip- 
ment and the application of the revenues, receipts and 
other moneys derived therefrom to the leasing, operation, 
maintenance and repair thereof and the payment of the 
debt service on the Obligations issued therefor or the 
amounts payable in connection with the Leases entered 
into therefor, and the provision of reserves for the fore- 
going, will not result in any material decrease in the 
Operating Revenues of the Utility or the Pledged Reve- 
nues of the City, as provided in the Administrative 
Resolution; 

B. The Administrative Resolution shall provide the 
extent to which all or any part of the Water Facili- 
ties may be sold, mortgaged, leased or otherwise disposed 
of or encumbered so long as such provisions are con- 
sistent with applicable law, this Ordinance and the 
covenants contained herein. 

C. In order to implement the obligations historically 
exercised by the City with respect to the Water 
Utility and to implement the City Charter provisions with 
respect to the Water Utility, the City shall operate, 
or cause to be operated, the Water Utility properly 
and in a sound, efficient and economical manner and shall 
maintain, preserve, and keep the same or cause the same 
to " be maintained, preserved, and kept in good repair, 
working order and condition, and shall from time to time 
make, or cause to be made, all necessary and proper 
repairs, replacements and renewals so that the operation 
of the Water Utility may be properly and advan- 
tageously conducted, and, if any useful part of the 
Water Utility is damaged or destroyed or taken 
through the exercise of eminent domain, the City shall, 



ORDINANCES 65 

as expeditiously as practicable, commence and diligently 
prosecute the replacement or reconstruction of such dam- 
aged or destroyed part so as to restore the same to use 
and the replacement of such part so taken; provided, how- 
ever, that nothing in this Ordinance shall require the 
City to operate, maintain, preserve, repair, replace, renew 
or reconstruct any part of the Water Utility if (i) 
abandonment of operation of such part is economically 
justified and is not prejudicial to the interests of the 
holders of the Revenue Obligations, and (ii) failure to 
operate, maintain, preserve, repair, replace, renew or re- 
construct such part will not impair the ability of the 
City to satisfy the Rate Requirements. The Administra- 
tive Resolution may establish the terms and conditions 
of any such exception and may provide for further ex- 
ceptions so long as consistent with this Ordinance and 
the covenants of the City contained herein. 

D. The City shall at all times (i) keep all Water 
Facilities of an insurable nature and of the character 
usually insured by operating utilities similar to the 
Water Utility insured, insofar as practicable, against 
loss or damage by fire and from other causes customarily 
insured against and (ii) maintain insurance, insofar as 
practicable, against loss or damage from such hazards 
and risks to the persons and property of others as are 
usually insured against by those operating systems similar 
to the Water Utility. The amounts and types of in- 
surance to be maintained and the terms and conditions 
with respect to the insurance or any proceeds from any 
claim thereunder shall be as provided in the Administra- 
tive Resolution. Nothing contained in this Ordinance shall 
prohibit the use of self-insurance to fulfill any covenant 
with respect to insurance so long as the self-insurance 
is in accordance with any terms and conditions with 
respect thereto contained in the Administrative Resolution. 



SEC. 17. And be it further ordained, That, the City 
covenants that no expenditures will be made from amounts 
credited to the Water Operating Fund of the Water Utility 
(or successor operating fund) except those expenditures 
relating to items for which appropriations have been made 



66 ORDINANCES Ord. No. 866 

in the Water Utility operating budget portion of the 
Ordinance of Estimates. 

Sec. 18. And be it further ordained, That, all Revenue 
Obligations shall be executed in the name of the Mayor 
and City Council of Baltimore and on its behalf by the 
manual or facsimile signature of the Mayor of the City 
and of the Director of Finance of the City and the cor- 
porate seal of the City shall be imprinted thereon, attested 
by the manual signature of the Custodian or the Alternate 
Custodian of the Seal of the City. However, the Board 
of Finance may, in the Administrative Resolution, when 
the Board of Finance finds that the nature of a trans- 
action requires such a procedure, establish a procedure 
whereby the Trustee for the Revenue Obligations, or a 
responsible trust company or other duly authorized trustee, 
issuing agent or paying agent, maintains an inventory 
of blank Revenue Obligations previously imprinted and 
signed, available for delivery to purchasers of short-term 
Revenue Obligations under conditions which require prompt 
action and delivery. 

In the event any official whose signature shall appear 
on any series of the Revenue Obligations shall cease to 
be such official prior to the delivery of any series of Reve- 
nue Obligations, or, in the event any such official whose 
signature shall appear on any series of Revenue Obliga- 
tions shall have become such after the date of issue 
thereof, the Revenue Obligations of such series shall never- 
theless be valid and legally binding obligations of the City 
in accordance with their terms. 

Sec. 19. And be it further ordained, That, the proceeds 
from the sale of the Revenue Obligations shall be paid 
to the Director of Finance for immediate deposit with the 
Trustee for the Revenue Obligations. The Trustee shall 
invest and disburse such proceeds in accordance with the 
Enabling Laws, this Ordinance and the Administrative 
Resolution. 

Upon presentation to the Trustee of the appropriate 
vouchers, therefor, as provided in the Administrative 
Resolution, the Trustee shall pay, from the proceeds of 



ORDINANCES 67 

each series of Revenue Obligations in his hands, all ex- 
penses incurred in the issuance of such series of notes 
or bonds, including, without limitation, costs of engrav- 
ing, printing, advertising, attorneys' fees, underwriting 
discount, placement fees, consultants' fees, bond insurance 
fees, rating agency fees, initial fees for letters of credit 
or lines of credit, initial fees of the Trustee and all other 
incidental expenses connected therewith (collectively re- 
ferred to herein as the "Costs of Issuance"). Nothing shall 
prevent the payment by the City of any underwriting 
discount or placement fee payable in connection with any 
series of Revenue Obligations by the deduction by the 
underwriters or placement agents of an amount equal to 
the discount or placement fee from the offering price of 
such series of Revenue Obligations. 

The Trustee shall credit to a special account on its 
books the amount, if any, of the proceeds of each series 
of Revenue Obligations designated as capitalized interest 
on such series of obligations. 

Prior to expenditure of the proceeds of any series of 
Revenue Obligations, the same or any part thereof may 
be invested by the Trustee, in accordance with the Admin- 
istrative Resolution and within any limitation and in the 
manner provided by law. Upon presentation to the Trus- 
tee of appropriate requests therefor, as provided in the 
Administrative Resolution, the Trustee shall pay to the 
Director of Finance from the proceeds of any series of 
Revenue Obligations, amounts for any of the purposes 
specified in this Ordinance and in the Administrative 
Resolution. 

If the funds derived from the sale of the Revenue 
Notes or Revenue Bonds shall exceed the amount needed 
(i) to refund any outstanding full faith and credit obliga- 
tions of the City determined to be refunded by the Board 
of Finance in the Administrative Resolution and (ii) to 
finance the Financed Facilities, the funds so borrowed and 
not expended for the public improvements provided by 
this Ordinance shall be applied, under the terms and 
conditions set forth in the Administrative Resolution, to 
redeem or purchase Revenue Obligations. 



68 ORDINANCES Ord. No. 866 

SEC. 20. And be it further ordained, That, authority is 
hereby conferred on the Board of Finance, to take the 
following actions and to make the following commitments 
on behalf of the City: 

(a) to determine and set forth the form, terms, pro- 
visions (including redemption provisions and sinking fund 
requirements, if any), manner or method of issuing and 
selling (including negotiated or competitive bid sale) and 
the time or times of issuance and any and all other details 
of the Revenue Obligations ; 

(b) to prepare and distribute, in conjunction with the 
prospective underwriters or placement agents, if any, for 
the Revenue Obligations, preliminary and final official 
statements or placement memoranda or circulars as the 
Board of Finance deems necessary and appropriate in 
connection with the sale of the Revenue Obligations; pro- 
vided, however, that any such preliminary official state- 
ments or placement memoranda or circulars shall be clearly 
marked to indicate that they are subject to completion and 
amendment ; 

(c) to determine the dates, times and places when an 
underwriting or placement agreement or purchase con- 
tract shall be submitted by the underwriters or place- 
ment agents for the Revenue Obligations or purchasers 
of the Revenue Obligations, such underwriting or place- 
ment agreement or purchase contract to specify the in- 
terest rate or rates proposed to be paid on the Revenue 
Obligations, the price at which such Revenue Obligations 
are to be sold to such underwriters, placement agents or 
purchasers, and such other matters as the underwriters, 
placement agents or purchasers and the Board of Finance 
may deem necessary or desirable in order to effect the 
sale and delivery of the Revenue Obligations ; 

(d) to determine the interest rate or rates to be paid 
by'the City on the Revenue Obligations in accordance with 
the proposed underwriting or placement agreement or 
purchase contract submitted by the underwriters or place- 
ment agents for the Revenue Obligations or purchasers 
of the Revenue Obligations ; 

(e) to appoint, as the Board of Finance deems neces- 
sary and appropriate, a bank having trust powers, or a 



ORDINANCES 69 

trust company, as Trustee for the Revenue Obligations; 
and 

(f) to approve the form of trust agreements between 
the City and the Trustee (which may be the Administra- 
tive Resolution), which trust agreements may (i) pledge 
or assign all or any pail of the security of the Revenue 
Obligations so long as consistent with the covenants con- 
tained in this Ordinance and the Administrative Resolu- 
tion, (ii) contain reasonable and proper provisions for the 
protection and enforcement of the rights and remedies 
of the holders of the Revenue Obligations, (iii) set forth 
the rights and remedies of the holders of the Revenue 
Obligations and any Trustee and may restrict the indi- 
vidual right of action by the holders of the Revenue Obli- 
gations and (iv) contain whatever other provisions are 
deemed reasonable and proper for the security of the 
holders of the Revenue Obligations. 

The Board of Finance shall perform any and all actions 
necessary or deemed appropriate by such Board in order 
to effect the issuance and sale of the Revenue Obligations 
in accordance with and pursuant to this Ordinance and 
the underwriting or placement agreements or purchase 
contracts for the Revenue Obligations. 

Sec. 21. And be it further ordained, That, prior to the 
sale of the Revenue Obligations, the Board of Finance, 
unless the City shall otherwise prescribe, may determine 
by resolution: 

(1) the provisions of trust between the City and the 
Trustee; 

(2) the manner of execution, authentication, regis- 
tration and transfer of the Revenue Obligations; 

(3) provisions for authentication and delivery of the 
Revenue Obligations; 

(4) the terms of any private insurance, public insur- 
ance or any other security for the Revenue Obligations; 

(5) provisions for creation, holding and disbursement 
of any funds and accounts to be held by the Trustee or the 
Director of Finance: 



70 ORDINANCES Ord. No. 866 

(6) provisions for the application of the Operating 
Revenues of the Utility, the Pledged Revenues and the 
Pledged Amounts; 

(7) provisions for the security for and investment 
of moneys held by the Trustee or the Director of Finance; 

(8) the details of the procedure for any redemption 
of the Revenue Obligations; 

(9) remedies for holders of the Revenue Obligations 
in the event of default; 

(10) the duties, rights and immunities of the Trustee; 

(11) the manner of execution of instruments by 
holders of the Revenue Obligations and the method of 
proof of ownership of the Revenue Obligations; 

(12) provisions for modification of this Ordinance, 
including amendment of this Ordinance to increase the 
aggregate amount of Revenue Obligations authorized 
hereunder; 

(13) provisions for defeasance of the Revenue Ob- 
ligations; 

(14) the forms of the Revenue Obligations, coupons 
and the Trustee's authentication certificate; and 

(15) such other matters in connection with the au- 
thorization, issuance, security, sale and payment of the 
Revenue Obligations as may be deemed appropriate by 
the Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
Ordinance shall be deemed to be of an administrative 
nature. 

Sec. 22. And be it further ordained, That, although 
under current law the Water Utility and the City's 
Wastewater Utility are each to be conducted as a separate 
enterprise, on a financially self-sustaining basis, nothing 
in this Ordinance shall be deemed to preclude a consoli- 
dation or other combination of the Water Utility and 
the Wastewater Utility or any budgetary restructuring 
or interfund reorganization of such utilities, so long as 
it is determined, in accordance with procedures set forth 



ORDINANCES 71 

in the Administrative Resolution, that such consolidation 
or combination will not impair the security for the Reve- 
nue Obligations as provided in this Ordinance, the Ad- 
ministrative Resolution and the Revenue Obligations. 

Sec. 23. And be it further ordained, That, although 
this Ordinance provides for, and the Administrative Reso- 
lution shall provide for, a pledge of the Pledged Amounts 
with respect to the Revenue Obligations, nothing in this 
Ordinance shall be deemed to preclude a pledge, with 
respect to the Revenue Obligations, of revenues of and 
amounts held by the Water Utility, including the 
Pledged Amounts, under different or alternative formu- 
lations, so long as it is determined, in accordance with 
procedures set forth in the Administrative Resolution, 
that such different or alternative formulation will not 
impair the security for the Revenue Obligations as pro- 
vided in this Ordinance, the Administrative Resolution 
and the Revenue Obligations. 

Sec. 24. And be it further ordained, That, the Mayor 
and City Council may amend or supplement this Ordi- 
nance from time to time as necessary and appropriate to 
increase the authorized amount of Revenue Obligations, 
such obligations being additional parity Revenue Obliga- 
tions, and for any other purpose provided such action 
is otherwise consistent with the terms of this Ordinance, 
the Administrative Resolution and the Revenue Obliga- 
tions. The Administrative Resolution shall provide that 
no such additional Revenue Obligations shall be issued 
pursuant to this Ordinance and the Administrative Reso- 
lution unless (a) there is no Event of Default, as defined 
in the Administrative Resolution, existing on the date of 
issuance of any such obligations and (b) there is a 
determination, under tests provided in the Administra- 
tive Resolution, that the Rate Requirements will be met 
on the date of issuance of any such obligations. Refer- 
ence to the Enabling Laws in this Ordinance or any sup- 
plemental ordinance may refer to one or both of such 
Enabling Laws and shall not be deemed to be exclusive 
of any public general law, any public local law or charter 
provision enacted from time to time. 

Sec. 25. And be it further ordained, That, if any action 
or any matter delegated to the Board of Finance, or 



72 ORDINANCES Ord. No. 866 

authorized for implementation by the Board of Finance, 
shall not be acted upon by the Board of Finance, such 
actions and matters may be acted upon or implemented 
by a resolution approved by the City Council of the City, 
which is subsequently approved by the Mayor or acting 
Mayor of the City. 

Sec. 26. And be it further ordained, That, the Mayor 
and the Chief, Bureau of Treasury Management shall be 
two of the officers of the City responsible for the issuance 
of the Revenue Obligations within the meaning of Section 
103(c) of the Internal Revenue Code of 1954, as amended 
("Section 103(c)") and the applicable regulations there- 
under (the "Arbitrage Regulations"). The Mayor and the 
Chief, Bureau of Treasury Management shall also be the 
officers of the City responsible for the execution and de- 
livery (on the date of issuance of each series of Revenue 
Obligations) of a certificate of the City (the "Section 
103(c) Certificate") which complies with the require- 
ments of Section 103(c) and the Arbitrage Regulations, 
and such officials are hereby authorized and directed to 
execute the Section 103(c) Certificate and to deliver the 
same to Bond Counsel on the date of the issuance of 
each series of Revenue Obligations. 

The City shall set forth in the Section 103(c) Cer- 
tificate its reasonable expectations as to relevant facts, 
estimates and circumstances relating to the use of the 
proceeds of the series of Revenue Obligations, or of any 
monies, securities or other obligations to the credit of any 
account of the City which may be deemed to be proceeds 
of the series of Revenue Obligations pursuant to Section 
103(c) or the arbitrage regulations (collectively, "Revenue 
Obligation Proceeds"). The City covenants with each of 
the holders of any of the Revenue Obligations that (i) 
the facts, estimates and circumstances set forth in the 
Section 103(c) Certificate will be based on the City's 
reasonable expectations on the date of issuance of the 
series of Revenue Obligations and will be, to the best 
of the certifying officials' knowledge, true and correct, as 
of that date. 

The City covenants with each of the holders of any 
of the Revenue Obligations that it will not make, or 



ORDINANCES 73 

(to the extent that it exercises control or direction) permit 
to be made, any use of the Revenue Obligation Proceeds 
which would cause the Revenue Obligations to be "arbi- 
trage bonds" within the meaning of Section 103(c) and 
the Arbitrage Regulations. The City further covenants 
that it will comply with Section 103(c) of the Internal 
Revenue Code of 1954, as amended, and the regulations 
thereunder which are applicable to the Revenue Obliga- 
tions on the date of issuance of the notes and which may 
subsequently lawfully be made applicable to the Revenue 
Obligations. 

SEC. 27. And be it further ordained, That, the covenants 
of the City contained in this Ordinance shall be for the 
benefit of the holders of the Revenue Obligations from 
time to time and shall be enforceable by such holders, 
subject to any limitations set forth in the Administrative 
Resolution. 

Sec. 28. And be it further ordained, That, the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this ordinance or its application to other persons 
or circumstances. It is hereby declared to be the legisla- 
tive intent that this ordinance would have been adopted 
if such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included herein, 
and if the person or circumstances to which this ordinance 
or any part thereof is inapplicable had been specifically 
exempted herefrom. 

SEC 29. And be it further ordained, That, this Ordinance 
shall take effect from the date of its passage. 

Approved January 14, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



74 ORDINANCES Ord. No. 866 

No. 867 
(Council No. 1324) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE BOND ANTICIPATION' 

NOTES, REVENUE BONDS AND BONDS TO REFUND 

REVENUE BOND ANTICIPATION NOTES AND 

REVENUE BONDS (WASTEWATER PROJECTS) 

FOR the purpose of authorizing and providing for the 
issuance, from time to time, by Mayor and City Council 
of Baltimore (the "City") of its revenue notes or bonds, 
designated "Revenue Notes (Wastewater Projects)" or 
"Revenue Bonds (Wastewater Projects)", as the case 
may be, in an aggregate principal amount which, when 
issued, will result in receipt by the City (inclusive 
of Costs of Issuance, as defined herein) of not exceed- 
ing nineteen million five hundred thousand dollars 
($19,500,000) pursuant to the provisions of Article 31, 
Section 12 of the Annotated Code of Maryland (1976 
Replacement Volume and 1982 Cumulative Supplement), 
as amended from time to time, and in accordance with 
the revenue bond authority contained in Article II, Sec- 
tion 50 of the Charter of Baltimore City (1964 Re- 
vision), as amended (the "City Charter"), in order to 
use the proceeds for the public purposes of (a) refund- 
ing certain outstanding full faith and credit obligations 
of the City which were issued to finance capital im- 
provements for wastewater facilities of the City* , (b) 
financing, in part, certain wastewater facilities of the 
City of Baltimore, as provided in this Ordinance, (c) 
funding capitalized interest on such revenue notes or 
revenue bonds to the extent deemed necessary and in 
accordance with any limitation on the period for such 
funding established by law, (d) paying the Costs of 
Issuance, as defined herein, of such revenue notes or 
the revenue bonds and (e) funding any reserve funds, 
including, WITHOUT LIMITATION, reserves for such 
revenue notes or revenue bonds AND OPERATING RE- 
SERVES, created pursuant to this Ordinance and the 
Administrative Resolution (defined herein) (any reve- 
nue note issued pursuant hereto, including any parity 
revenue note issued pursuant to any ordinance supple- 



ORDINANCES 75 

mental hereto, is referred to herein as a "Revenue Note" 
and any revenue bond issued pursuant hereto, includ- 
ing any parity revenue bond issued pursuant to any 
ordinance supplemental hereto, is referred to herein 
as a "Revenue Bond"; the terms Revenue Note and 
Revenue Bond are further defined in Section 1 of this 
Ordinance) ; authorizing and providing for the refund- 
ing, renewal or refinancing of the Revenue Notes or 
the Revenue Bonds, in whole or in part, from time to 
time by the City by the issuance of refunding, renewal 
or refinancing notes or bonds, as the case may be, and 
authorizing and providing for the refunding, renewal 
or refinancing of any such refunding, renewal or re- 
financing notes or bonds, all in accordance with Article 
II, Section 50 of the City Charter and Article 31, Sec- 
tion 12 of the Annotated Code of Maryland (1976 Re- 
placement Volume and 1982 Cumulative Supplement) 
(any note issued pursuant hereto as a refunding, re- 
newal or refinancing note, including any parity note 
issued pursuant to any ordinance supplemental hereto, 
is referred to herein as a "Refunding Revenue Note"; 
any bond issued pursuant hereto as a refunding, re- 
newal or refinancing bond, including any parity bond 
issued pursuant to any ordinance supplemental hereto, 
is referred to herein as a "Refunding Revenue Bond" ; 
and the Refunding Revenue Notes and the Refunding 
Revenue Bonds are collectively referred to as the "Re- 
funding Obligations"; the terms Refunding Revenue 
Note and Refunding Revenue Bond are further defined 
in Section 1 of this Ordinance) ; authorizing the use 
of the proceeds of any Refunding Obligations for the 
public purposes of (a) refunding any outstanding Reve- 
nue Obligations, including the payment of any redemp- 
tion premium thereon, (b) paying the Costs of Issu- 
ance, as defined herein, of such Refunding Obligations 
and (c) funding any reserve funds for the Refunding 
Obligations, including, WITHOUT LIMITATION, re- 
serves for the payment of interest thereon AND OP- 
ERATING RESERVES, created pursuant to this Ordi- 
nance and the Administrative Resolution (defined 
herein); authorizing the Board of Finance to make vari- 
ous determinations by resolution with regard to the 
terms and provisions of the Revenue Notes, the Revenue 



76 ORDINANCES Ord. No. 866 

Bonds, the Refunding Revenue Notes and the Refunding" 
Revenue Bonds (collectively, the "Revenue Obligations"), 
including the use of certain expedited procedures; pro- 
viding for the private (negotiated) sale of the Reve- 
nue Notes and the Refunding Revenue Notes unless the 
Board of Finance shall determine that a particular issue 
or series of notes shall be sold by competitive bidding; 
providing for the private (negotiated) sale of the Reve- 
nue Bonds and the Refunding Revenue Bonds for such 
period of time deemed necessary by the Board of Fi- 
nance to establish acceptance of the City's revenue 
obligation program for the wastewater utility in the 
revenue bond market and providing thereafter for the 
public sale of the Revenue Bonds and the Refunding 
Revenue Bonds unless the Board of Finance shall de- 
termine that a particular issue or series of bonds shall 
be sold by private (negotiated) sale; providing that 
the Revenue Obligations (a) shall be payable solely 
and only from (i) Pledged Revenues (as defined in this 
Ordinance) of the wastewater enterprise system of the 
City established in accordance with Article 6, Section 
11 of the City Charter, and Ordinance No. 941 of the 
City, approved by the Mayor on December 14, 1978, 
(ii) amounts in any FUNDS PLEDGED TO THE PAY- 
MENT OF THE REVENUE OBLIGATIONS, INCLUD- 
ING, WITHOUT LIMITATION, ANY reserve fund 
established by the Board of Finance for the payment of 
the principal of, premium on, if any, and interest on the 
Revenue Obligations, including investment earnings on 
any such fundS (to the extent provided by the Board of 
Finance), (iii) unexpended proceeds of the Revenue Ob- 
ligations, including investment earnings on such proceeds 
(to the extent provided by the Board of Finance), and 
(iv) other amounts legally available therefor (THE 
"PLEDGED AMOUNTS") /(b) shall not ever constitute 
within the meaning of any constitutional or charter pro- 
vision or otherwise (i) an indebtedness of the City or 
any other political subdivision of the State of Maryland 
or (ii) a charge against the general credit or taxing 
powers of the City and (c) shall not ever constitute 
(directly, indirectly or contingently) an obligation, moral 
or otherwise, of the State of Maryland or any political 
subdivision thereof, including the City, to levy or pledge 
any form of taxation whatever therefor for their pay- 



ORDINANCES 77 

ment; pledging THE PLEDGED AMOUNTS &■ tho 

Pledged Rovenues 4as d e fin e d m this Ordinanc e ), -(4^ 
amounts m any reserve ftmd es tabli s h e d by- &*o Board of 
Finance iov tho payment of tho principal of? premium 
o»r if any-f and inter est on- tho Revenue Obligation s , in- 
cluding investment ea rning s o» any s uch fund -(-to tho 
oxtont provided by the Board of Financ e ), a&4 -(4«4- »»- 
expended proceeds of tho R e v e nu e Obligations, including 
inv e stm e nt e arning s o» &uok proceeds , to the payment of 
debt service on the Revenue Obligations TO THE EX- 
TENT PROVIDED IN THE ADMINISTRATIVE 
RESOLUTION; authorizing the creation of a debt 
service reserve fund, as additional security for the pay- 
ment of the Revenue Obligations (to the extent pro- 
vided by the Board of Finance), and other reserve 
funds, as determined by the Board of Finance; estab- 
lishing certain covenants of the City with respect to 
the wastewater rates and charges to be established and 
maintained by the City from time to time, including, 
without limitation, the covenant to establish and main- 
tain wastewater rates and charges at a level sufficient, 
together with other amounts in the Wastewater Operat- 
ing Fund and available therefor, to meet for each Fiscal 
Year of the City (defined in this Ordinance) the Oper- 
ating Requirements of the Utility (as defined in this 
Ordinance) and to assure at least a one hundred and 
twenty percent (120^) coverage from Pledged Reve- 
nues (as defined in this Ordinance) of Maximum Annual 
Debt Service on the Revenue Obligations (as defined 
in this Ordinance) ; providing for the disbursement of 
the proceeds of the Revenue Obligations (as defined in 
this Ordinance) ; AUTHORIZING THE CITY TO BOR- 
ROW ON A SHORT TERM BASIS, FROM TIME TO 
TIME, PURSUANT TO APPLICABLE LAW, AN 
AMOUNT NOT TO EXCEED EIGHTY PERCENTUM 
(80%) OF THE DIFFERENCE AT ANY TIME BE- 
TWEEN THE REVENUES EXPECTED TO BE PAID 
BY BALTIMORE COUNTY, MARYLAND FOR 
WASTEWATER UTILITY SERVICES RENDERED 
TO THE COUNTY BY THE CITY AND THE COSTS 
ACCRUED BY THE CITY IN CONNECTION WITH 
THE RENDERING OF WASTEWATER UTILITY 
SERVICES BY THE CITY TO THE COUNTY AND 
PROVIDING THAT SUCH BORROWING MAY BE 



78 ORDINANCES Ord. No. 866 

ACCOMPLISHED BY, AMONG OTHER THINGS, 
THE ISSUANCE OF REVENUE OBLIGATIONS 
AND PROVIDING THAT THE AMOUNTS SO BOR- 
ROWED SHALL NOT BE CUMULATIVE AND 
SHALL BE IN ADDITION TO THE AMOUNT OF 
REVENUE OBLIGATIONS AUTHORIZED IN SEC- 
TION 2 OF THIS ORDINANCE; providing for the pay- 
ment of any Revenue Notes or Refunding Revenue Notes 
outstanding from the first proceeds of any Refunding 
Revenue Bonds issued by the City in an amount neces- 
sary, together with any other available funds, to provide 
for the payment of the principal of and interest on such 
outstanding notes at maturity; if Revenue Notes or 
Refunding Revenue Notes are issued hereunder, cov- 
enanting to issue Refunding Revenue Bonds when, and 
as soon as, the reason for deferring the issuance thereof 
no longer exists; establishing certain covenants of the 
City with respect to the wastewater enterprise utility 
and with respect to the Revenue Obligations; pro- 
viding that the proceeds of the Revenue Obligations 
or any monies which may be deemed to be proceeds 
thereof, will not be used in a manner which would 
cause the Revenue Obligations to be arbitrage bonds; 
providing that the Board of Finance may determine 
by resolution or other appropriate action certain other 
matters pertaining to the issuance, sale or delivery of 
any series of the Revenue Obligations; providing that 
certain actions may be taken with respect to the con- 
solidation of the Wastewater Utility with the Water 
Utility of the City and with respect to the security 
for the Revenue Obligations, under certain circum- 
stances; providing for recalculation of Pledged Reve- 
nues under certain changed circumstances; providing 
for the amendment or supplementation of this Ordi- 
nance to increase the authorized amount of Revenue 
Obligations, so long as such amendment or supplementa- 
tion is in accordance with this Ordinance and any reso- 
lutions of the Board of Finance relating thereto; and 
generally relating to the issuance, sale, delivery and 
payment of all Revenue Obligations. 

RECITALS 

A. For convenience of reference, Mayor and City 
Council of Baltimore, a municipal corporation organized 



ORDINANCES 79 

and existing under the Constitution and laws of the State 
of Maryland, is hereinafter sometimes referred to as the 
"City". 

B. By City Charter amendment and ordinance (both 
described herein), the City established a separate enter- 
prise system for the City's Wastewater Utility (the " Waste- 
water Utility") in December of 1978. The Wastewater 
Utility requires capital funding from time to time for im- 
provements to its facilities, which funding may come from 
various sources. Although the proceeds of general obliga- 
tion bonds have been utilized to provide a source for Waste- 
water Utility capital funding in the past, the City has de- 
termined to issue revenue bonds to provide the funding 
for Wastewater Utility capital projects as an important 
step in the implementation of a fully separate, self-sus- 
taining enterprise system as envisioned by the Charter 
of Baltimore City, 1964 Revision, as amended (the "City 
Charter"). The revenue bonds will require and the City 
Charter does require that rates and charges established 
for the Wastewater Utility be maintained at a level per- 
mitting the Wastewater Utility to operate on a self-sup- 
porting basis. This Ordinance sets forth the procedure 
for the issuance of revenue bonds in furtherance of this 
self-supporting concept. 

C. Section 50 ("Section 50") of Article II of the City 
Charter authorizes the City to borrow money to finance 
undertakings for the accomplishment of any of the pur- 
poses, objects and powers of City and in connection there- 
with to issue obligations (including refunding obligations) 
payable as to both principal and interest solely from and 
secured solely by a pledge of the revenues from or aris- 
ing in connection with the property, facilities, develop- 
ments and improvements whose financing is undertaken 
by issuance of such notes or bonds. 

D. Article 31, Section 12 of the Annotated Code of 
Maryland (1976 Replacement Volume and 1982 Cumula- 
tive Supplement) (the "Bond Anticipation Note Enabling 
Act") authorizes and empowers the City to borrow money 
in anticipation of the issuance of obligations authorized 
under Section 50 and to evidence such borrowing by the 
issuance and sale of its bond anticipation notes in aggre- 
gate amount not greater than the authorized amount of 



80 ORDINANCES Ord. No. 867 

the obligations in anticipation of the sale of which the 
notes are issued and sold. The Bond Anticipation Note 
Enabling Act provides that such notes shall be payable 
as to interest and principal (except to the extent paid 
from proceeds of the sale of the notes) from the first 
proceeds of the obligations in anticipation of the sale of 
which such notes are issued. The Bond Anticipation Note 
Enabling Act further authorizes and empowers the City 
to pay up to twelve months' interest on the notes from 
the proceeds of the notes. The Bond Anticipation Note 
Enabling Act authorizes the sale of any notes to be issued 
pursuant to such act by public sale or by private nego- 
tiation with prospective purchasers, if such negotiated sale 
is deemed by the City to be in the best interest of the 
City. The Bond Anticipation Note Enabling Act authorizes 
the renewal at maturity of bond anticipation notes issued 
thereunder, with or without resale. 

E. Section 50 and the Bond Anticipation Note En- 
abling Act together are referred to herein as the "Enabling 
Laws." Subject to further definition in Section 1 of this 
Ordinance, (i) notes issued under this Ordinance, in- 
cluding parity notes issued pursuant to any ordinance 
supplemental hereto, are referred to herein as "Revenue 
Notes" or "Refunding Revenue Notes," as the case may 
be; (ii) bonds issued under this Ordinance, including 
parity bonds issued pursuant to any ordinance supple- 
mental hereto, are referred to herein as "Revenue Bonds" 
or "Refunding Revenue Bonds," as the case may be; (iii) 
the Revenue Notes, the Refunding Revenue Notes, the 
Revenue Bonds and the Refunding Revenue Bonds are 
collectively referred to herein as. the "Revenue Obliga- 
tions"; and (iv) the Refunding Revenue Notes and the 
Refunding Revenue Bonds are collectively referred to here- 
in as the "Refunding Obligations." 

F. The City proposes to spend a portion of the pro- 
ceeds of the Revenue Notes or the Revenue Bonds (as 
the "case may be) to refund certain outstanding full faith 
and credit obligations of the City which were issued to 
finance capital improvements for wastewater facilities of 
the City. The City proposes to expend the balance of the 
proceeds of the Revenue Notes or Revenue Bonds (as 
the case may be), after the payment of Costs of Issuance 
(as defined in this Ordinance) and the creation of neces- 



ORDINANCES 81 

sary reserves, INCLUDING, WITHOUT LIMITATION, 
DEBT SERVICE RESERVES AND OPERATING RE- 
SERVES, for the general public purposes of financing 
the costs of Wastewater Utility capital projects (i) ap- 
propriated in any past or the current Ordinance of Esti- 
mates (as of the date of issuance of any series of Reve- 
nue Obligations), (ii) included, from time to time, in the 
City's six-year capital program (or comparable document, 
from time to time), (iii) contained in any supplemental 
appropriation to the Ordinance of Estimates approved 
from time to time by the City Council and (iv) which 
are the subjects of transfers from existing appropriations 
in the Ordinance of Estimates, as approved, from time 
to time, by the Board of Estimates (collectively, the "Fi- 
nanced Facilities"). The proceeds of the Revenue Notes 
or Revenue Bonds (as the case may be), may be used to 
repay to the City amounts expended for the Financed 
Facilities in anticipation of the issuance of the Revenue 
Obligations. All wastewater facilities of the City, includ- 
ing the Financed Facilities, are referred to herein as the 
"Wastewater Facilities". 

G. The City proposes to spend the proceeds of any 
Refunding Obligations hereby authorized for the general 
public purposes of paying, prepaying, refinancing or re- 
structuring the debt evidenced by the Revenue Notes, the 
Revenue Bonds or any other Refunding Obligations issued 
pursuant to this Ordinance, which repayment may include 
the payment of any premium on such obligations, the 
payment of Costs of Issuance (as defined in this Ordi- 
nance) and the creation of reserve funds for the Re- 
funding Obligations, including, WITHOUT LIMITATION, 
reserves for the payment of interest on- the Refunding Obli- 
gations. 

H. Section 50 confers upon the Board of Finance of 
the City (as successor to the Commissioners of Finance 
of the City) certain powers in connection with revenue 
obligations issued pursuant thereto, including, without 
limitation, the power to determine the form or forms of 
obligations, the date of the obligations issued at any par- 
ticular time, the right of redemption of the obligations 
prior to maturity, if any, and the rate or rates of in- 
terest to be borne by the obligations. 



82 ORDINANCES Ord. No. 867 

I. Article 6, Section 11 of the City Charter provides 
that the Wastewater Utility shall be conducted as a sepa- 
rate self-sustaining enterprise and that the City shall have 
adopted by January 1, 1979 an ordinance or ordinances as 
may be necessary or desirable to implement the provi- 
sions of such Section 11. On December 12, 1978 the 
City Council adopted Ordinance No. 941, approved by the 
Mayor on December 14, 1978, providing for the imple- 
mentation of a separate enterprise system for the Waste- 
water Utility. 

J. In addition to any Revenue Obligation proceeds 
which may be available therefor, the Revenue Obligations 
shall be payable solely and only from (i) Operating Reve- 
nues of the Utility (denned herein) arising from the in- 
crease in Rates and Charges (denned herein) established 
by the City from time to time over those Rates and 
Charges established by the City as of June 30, 1979 (the 
"Pledged Revenues"), (ii) amounts in any FUNDS 
PLEDGED TO THE PAYMENT OF THE REVENUE 
OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, 
ANY reserve fund established by the Board of Finance for 
the payment of the principal of, premium on, if any, and 
interest on the Revenue Obligations, including investment 
earnings on any such fundS (to the extent provided by the 
Board of Finance), (iii) unexpended proceeds of the Rev- 
enue Obligations, including investment earnings on such 
proceeds (to the extent provided by the Board of Finance), 
and (iv) other amounts legally available therefor; pro- 
vided, however, that if after the date of issuance of any 
series of Revenue Obligations, the method of setting 
Rates and Charges which was utilized as of June 30, 1979 
is changed by the City (the "New Method"), the Pledged 
Revenues for any period shall be the Operating Revenues 
of the Utility arising from the increase in Rates 
and Charges established by the City under the New 
Method over those Rates and Charges which would have 
been established by the City as of June 30, 1979 had 
the City applied the New Method as of June 30, 1979; 
provided further, however, that the New Method shall be 
applied only to the extent that such application does not 
result in any diminution in- the s e curity fo^ the Rev e nu e 
BREACH OF THE RATE REQUIREMENTS, Obliga - 



ORDINANCES 83 

tion s , as of the date of such application, as provided in the 
Administrative Resolution (defined herein). 

K. The Revenue Obligations shall not ever constitute 
within the meaning of any constitutional or charter pro- 
vision or otherwise (i) an indebtedness of the City or 
any other political subdivision of the State of Maryland 
or (ii) a charge against the general credit or taxing 
powers of the City. The issuance of the Revenue Obliga- 
tions is not directly or indirectly or contingently an 
obligation, moral or otherwise, of the State of Maryland 
or of any political subdivision thereof, including the City, 
to levy or pledge any form of taxation whatever there- 
for for their payment. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, in addition to any other terms defined 
elsewhere in this Ordinance, the following terms shall 
have the following meanings in this Ordinance: 

"Capital Receipts of the Utility" means all receipts de- 
posited in the Wastewater Capital Fund of the Waste- 
water Utility OR ANY FUND FOR CAPITAL PROJ- 
ECTS CREATED PURSUANT TO THE ADMINISTRA- 
TIVE RESOLUTION, including, without limitation, rev- 
enues, receipts from federal grants, State grants, county 
grants, private grants, State loans, city general obligation 
loan funds, proceeds of the Revenue Obligations and all 
other receipts dedicated to particular capital projects of the 
Wastewater Utility. 

"Debt Service Requirement" means, for any period, the 
amount of all payments of principal, premium, if any, 
and interest payable on the Revenue Bonds and Refund- 
ing Revenue Bonds for such period and the amount of 
all payments of interest payable on the Revenue Notes 
and Refunding Revenue Notes for such period; provided, 
however that the Debt Service Requirement for such 
period shall include, after thirty-six months from the 
date of issue thereof, amounts equal to the level amortiza- 
tion of principal payable on Revenue Notes and Refunding 
Revenue Notes, assuming a twenty-five (25) year ma- 
turity, if such notes and any notes refunding such notes, 
are outstanding after thirty-six months from the date of 
issue of such notes. 



84 ORDINANCES Ord. No. 867 

"Extraordinary Capital Requirement" means, for any 
period, the amount of appropriation authority in the Waste- 
water Utility capital budget portion of the Ordinance of 
Estimates necessary for non-recurring, unanticipated, 
major capital expenditures related to the maintenance 
or repair of the Wastewater Facilities during such period 
and not otherwise provided for in the Wastewater Utility 
operating or capital budget portion of the Ordinance of 
Estimates, but in any event, not less than one million 
dollars ($1,000,000) for Fiscal Years 1982-1983 and 1983- 
1984, and thereafter an amount not less than two and a 
half percent (2Y^%) of the Operating Revenues of the 
Utility for the preceding comparable period. All amounts 
credited to the Renewal and Replacement Fund established 
by the Administrative Resolution (defined herein) shall 
be credited towards the Extraordinary Capital Require- 
ment. 

"Maximum Annual Debt Service Requirement" means 
at the time of application of such term the highest amount 
of the Debt Service Requirement in the then current or 
any future Fiscal Year during which Revenue Obliga- 
tions are outstanding. 

"Operating Requirements of the Utility" means, for any 
period, the amount of money necessary to meet (i) all 
operating expenses of the Wastewater Utility, exclusive 
of depreciation; (ii) the Debt Service Requirement; (iii) 
all amounts necessary for adequate working capital OP- 
ERATING RESERVES for the Wastewater Utility, as 
determined in the Administrative. Resolution, but in any 
event, no less than forty - SIX PERCENT (6%) five -(4^- 
days of the previous Fiscal Year's operating expenses, ex- 
clusive of depreciation; (iv) all amounts payable to any 
reserve funds established for the payment of the Revenue 
Obligations by the Board of Finance; (v) all amounts nec- 
essaiy to meet the Ordinary Capital Requirement; (vi) 
all amounts necessary to maintain the Extraordinary 
Capital Requirement for such period, including all amounts 
payable to the Renewal and Replacement Fund established 
in the Administrative Resolution (defined herein), as pro- 
vided in the Administrative Resolution; (vii) all amounts 
necessary to fund appropriations for specific capital proj- 
ects to the extent that such projects are expected to be paid 
from Operating Revenues of the Utility; (viii) all other 



ORDINANCES 85 

amounts which the City may by law or contract be obli- 
gated to pay from the Wastewater Operating Fund with 
respect to the Wastewater Utility, including, without 
limitation, amounts payable under any obligation subordi- 
nate to the Revenue Obligations, any lease, financing lease, 
sale-leaseback, letter of credit or line of credit; (ix) 
•all amounts necessary to compensate the Wastewater 
Utility for any operating deficit from the previous Fiscal 
Year or Years; and (x) all payments of principal, pre- 
mium, if any, and interest on the City's general obligation 
bonds issued to provide the Wastewater Facilities. 

"Fiscal Year" means the period from July 1 through 
June 30 of each year, or any other fiscal year established 
by the City from time to time. 

"Operating Revenues of the Utility" means all income, 
revenue, receipts and other moneys deposited in the Waste- 
water Operating Fund of the Wastewater Utility, includ- 
ing, without limitation, all amounts derived by the City 
from the ownership and operation of the Wastewater 
Utility and all accounts, general intangibles and contract 
or other rights to receive the same, and the proceeds there- 
of, but exclusive of Capital Receipts of the Utility. 

"Ordinance" or "this Ordinance" means this ordinance 
and any ordinance adopted by the City supplemental 
hereto. 

"Ordinary Capital Requirement" means, for any period, 
the amount of appropriation authority included in 
the Wastewater Utility capital budget portion of the Or- 
dinance of Estimates as DEEMED necessary for the pay- 
ment of normal recurring capital costs related to the re- 
newing, improving, rebuilding or extending of the Waste- 
water Facilities during such period and expected to be 
provided from current Operating Revenues of the Utility. 

"Rates and Charges" means the rates and charges as- 
sessed or established by the Board of Estimates in ac- 
cordance with Article 29, Sections 21 and 21A of the 
Baltimore City Code for the supply and use of wastewater 
for any purpose and at any point in or outside Baltimore 
City, either by meter, fixed charge or otherwise. 

"Rate Requirements" means those requirements for the 
establishment of Rates and Charges as set forth in Section 
9 of this Ordinance. 



86 ORDINANCES 

"Wastewater Utility" means the wastewater utility con- 
ducted as a separate enterprise pursuant to Article VI, 
Section 11 of the City Charter. 

"Water Utility" means the water utility conducted as 
a separate enterprise pursuant to Article VI, Section 11 
of the City Charter. 

Sec. 2. And be it further ordained, That: 

A. The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations which, when 
issued, will result in receipt by the City (inclusive of 
Costs of Issuance, as defined herein) of not exceeding nine- 
teen million five hundred thousand dollars ($19,500,000) 
is hereby authorized for the general public purposes of 
financing the cost of the Financed Facilities and repaying 
the City for amounts expended on Financed Facilities in 
anticipation of the issuance of the Revenue Obligations. 
This maximum amount may consist of (i) Revenue Notes, 
(ii) Revenue Bonds, (iii) Refunding Revenue Notes, (iv) 
Refunding Revenue Bonds, or (v) any combination of 
items (i) to (iv) above. Any Refunding Obligations issued 
hereunder to refund any Revenue Obligations previously 
issued hereunder shall replace that portion of the author- 
ized amount of Revenue Obligations previously issued and 
shall not be deemed to reduce the maximum authorized 
amount of Revenue Obligations permitted to be issued 
hereunder. 

B. The Revenue Notes authorized under this Ordinance 
constituting part of an issue of Revenue Notes no obliga- 
tion of which is of a maturity of over thirty-six (36) 
months are hereby designated ''Revenue Notes (Waste- 
water Projects) " ; the Revenue Bonds authorized under this 
Ordinance constituting part of an issue of Revenue Bonds 
at least one obligation of which is of a maturity of over 
thirty-six (36) months are hereby designated "Revenue 
Bonds (Wastewater Projects)"; the Refunding Obligations 
authorized under this Ordinance constituting part of an 
issue of Refunding Obligations no obligation of which is of 
a maturity of over thirty-six (36) months are hereby desig- 
nated "Refunding Revenue Notes (Wastewater Projects)"; 
and the Refunding Obligations authorized under this Ordi- 
nance constituting part of an issue of Refunding Obliga- 



ORDINANCES 87 

tions at least one obligation of which is of a maturity of 
over thirty-six (36) months are hereby designated "Re- 
funding Revenue Bonds (Wastewater Projects)". 

C. The proceeds of the Revenue Notes or Revenue 
Bonds, as the case may be, shall be used for the purposes 
described in Section 3 of this Ordinance. The proceeds of 
any Refunding Obligations shall be used for the purposes 
described in Section 3 of this Ordinance. The Revenue 
Notes, the Revenue Bonds or the Refunding Obligations, 
as the case may be, may be issued in one or more series, 
and each such series shall be identified by a year and a 
letter designation, so that the first series in the year 1982 
(if the issuance of more than one series of notes or bonds 
hereunder is then contemplated and if issued in the year 
1982) shall be designated "Revenue Notes (Wastewater 
Projects), Series 1982-A"; "Revenue Bonds (Wastewater 
Projects), Series 1982-A"; "Refunding Revenue Notes 
(Wastewater Projects), Series 1982-A"; or "Refunding 
Revenue Bonds (Wastewater Projects), Series 1982-A", 
unless another designation is determined in the Admin- 
istrative Resolution (defined herein). The aggregate prin- 
cipal amount of Revenue Obligations to be issued pursuant 
to this Ordinance at any one time shall be determined by 
the Board of Finance in the Administrative Resolution 
'(defined herein). The resolution or resolutions adopted by 
the Board of Finance pursuant to this Ordinance are col- 
lectively referred to herein as the "Administrative Reso- 
lution". 

SEC. 3. Be it further ordained, That: 

A. The net proceeds from the sale of the Revenue 
Notes or the Revenue Bonds, as the case may be, author- 
ized to be issued and sold by this Ordinance, shall be 
used and applied for the public purposes of (i) refinanc- 
ing certain outstanding full faith and credit obligations 
of the City which were issued to finance capital improve- 
ments for wastewater facilities of the City; (ii) financing, 
in part, the cost of the Financed Facilities (either di- 
rectly or by repayment to the City, as provided in this 
Ordinance) ; (iii) funding capitalized interest on any 
series of the Revenue Notes or Revenue Bonds to the 
extent deemed necessary and in accordance with any lim- 



88 ORDINANCES Ord. No. 867 

itation on the period for such funding established by law; 
(iv) paying the Costs of Issuance (defined herein) of 
any series of Revenue Notes or Revenue Bonds; and (v) 
funding any reserve funds, including, WITHOUT LIMITA- 
TION, reserves for the Revenue Notes or Revenue Bonds 
AND OPERATING RESERVES (to the extent provided 
by the Board of Finance), created pursuant to this Ordi- 
nance and the Administrative Resolution. 

B. The net proceeds from the sale of the Refunding 
Obligations authorized to be issued and sold by this Ordi- 
nance, shall be used and applied for the public purposes 
of (i) refinancing, restructuring, refunding or renew- 
ing, in whole or in part, from time to time, any out- 
standing Revenue Notes, Revenue Bonds and Refunding 
Obligations, including the payment of any redemption 
premium thereon; (ii) paying any redemption premium 
in connection with obligations being refinanced or re- 
funded from the proceeds of the Refunding Obligations; 
(iii) paying the Costs of Issuance (as defined in Section 
19 hereof) of any such series of Refunding Obligations; 
and (iv) funding any reserve funds for the Refunding 
Obligations, including, WITHOUT LIMITATION, reserves 
for the payment of intere s t th o r o on THE REFUNDING 
OBLIGATIONS AND ANY OPERATING RESERVES 
(to the extent provided by the Board of Finance), created 
pursuant to this Ordinance and the Administrative Reso- 
lution. 

SEC. 4. Be it further ordained, That: 

A. The City finds and determines That: 

(a) The Board of Finance, being primarily respon- 
sible for the issuance and sale of the City's certificates 
of indebtedness, has the expertise and experience neces- 
sary to be primarily responsible for the determination of 
matters set forth herein to be within its jurisdiction. The 
market for revenue obligations of the City may change 
from time to time from those conditions at the time of 
issuance of the Revenue Notes or the Revenue Bonds and 
it is in the best interest of the City to grant broad au- 
thority and flexibility to the Board of Finance in con- 
nection with the issuance of the Revenue Obligations. 

(b) The existence of a growing market for tax-exempt 
obligations (i) structured in the form of short term 



ORDINANCES 89 

commercial paper, (ii) structured as bond anticipation 
notes or refunding notes, (iii) tied to an interest rate or 
rates that vary with a defined or stated indicator or in- 
dex or combinations thereof, (iv) utilizing zero coupon 
bonds or compound interest bonds, (v) issued in connec- 
tion with a sale lease-back transaction or a financing lease, 
(vi) utilizing letters of credit or lines of credit and (vii) 
otherwise structured in a form then responsive to the 
market, necessitates the establishment of procedures which 
permit the City to utilize such a market for its obliga- 
tions in addition to the traditional tax-exempt markets. 
(The structures contemplated in this paragraph are re- 
ferred to herein as the "Market Structures".) 

B. Prior to the delivery of any series of Revenue 
Obligations, the Board of Finance shall adopt the Admin- 
istrative Resolution, which shall prescribe, subject to the 
Enabling Laws, (i) the principal amount of Revenue 
Obligations to be issued as a series at any one time, (ii) 
the date of issue of the series of Revenue Obligations, 
(iii) the interest rate or rates to be borne by the series 
of Revenue Obligations, or the method by which such 
interest rate or rates shall be computed, including the 
establishment of limitations on the interest rate or rates, 
beyond which further approvals of the Board of Finance 
are required, (iv) the time periods and method of pay- 
ment of interest on the Revenue Obligations, (v) the 
redemption provisions, if any, for the series of Revenue 
Obligations, (vi) the maturity or maturities of the series 
of Revenue Obligations, (vii) the denomination or denomi- 
nations of any Revenue Obligations, (viii) the form, use 
of registration and mechanics for payment of the Revenue 
Obligations, and (ix) any other terms necessary or ap- 
propriate to reflect any matters provided in the Admin- 
istrative Resolution. 

C. The City hereby determines that under facts and 
circumstances now existing, it is in the best interest of 
the City to provide for the sale of the Revenue Notes 
and the Refunding Revenue Notes by private negotia- 
tion, unless the Board of Finance shall determine that 
a particular issue or series of Revenue Notes or Refund- 
ing Revenue Notes shall be sold by competitive bidding. 
The Board of Finance is hereby authorized to determine 
whether a particular issue or series of Revenue Notes 



90 ORDINANCES Ord. No. 867 

or Refunding Revenue Notes shall be sold by competitive 
bidding and any such determination shall be set forth 
in the Administrative Resolution for any such issue or 
series of notes. The City also hereby determines that under 
the facts and circumstances now existing, it is in the 
best interest of the City to provide for the sale of the 
Revenue Bonds and the Refunding Revenue Bonds by 
private negotiation, for such period of time deemed neces- 
sary by the Board of Finance to establish acceptance of 
the City's revenue obligation program for the Wastewater 
Utility in the revenue bond market, and to provide there- 
after for the public sale of the Revenue Bonds and Re- 
funding Revenue Bonds, unless the Board of Finance shall 
determine that a particular issue or series of bonds shall 
be sold by private (negotiated) sale. 

D. The Board of Finance is hereby authorized to 
adopt a master resolution under which procedures are 
established to facilitate the prompt determination and 
approval of one or more of the matters set forth above. 
Such procedures may include telephonic approval and 
subsequent telegraphic or written confirmation of one or 
more of such matters by a designated officer of the City 
if prescribed guidelines or parameters set forth in the 
master resolutions or any amendment thereto, are not 
exceeded. 

E. The Board of Finance is further authorized to 
establish a procedure whereby a variable or floating rate 
or rates can be utilized for any series of Revenue Obli- 
gations, and to establish any necessary relations with a 
commercial bank or other appropriate institution to fa- 
cilitate the payment of Revenue Obligations, including 
(without limitation) the use of general or standby letters 
of credit, lines of credit, bond insurance, demand features, 
loan agreements, back up loan arrangements or notes or 
similar arrangements. 

F! The Board of Finance is further authorized to take 
such further or additional actions as are needed to permit 
the utilization of any of the Market Structures in con- 
nection with issuance of any series of Revenue Obligations. 

G. The Administrative Resolution shall be deemed to 
be of an administrative nature and shall take effect on and 
from the date of its passage. 



ORDINANCES 91 

Sec. 5. And be it further ordained, That: 

A. The Revenue Obligations (a) shall be payable solely 
and only from (i) Pledged Revenues, (ii) amounts in 
any FUNDS PLEDGED TO THE PAYMENT OF THE 
REVENUE OBLIGATIONS, INCLUDING, WITHOUT 
LIMITATION, ANY reserve fund established by the Board 
of Finance for payment of the principal of, premium on, if 
any, and interest on the Revenue Obligations, including any 
investment earnings on any such fundS (to the extent pro- 
vided by the Board of Finance), (iii) unexpended proceeds 
of the Revenue Obligations, including investment earnings 
on such proceeds (to the extent provided by the Board of 
Finance), and (iv) other amounts legally available there- 
for (COLLECTIVELY, THE "PLEDGED AMOUNTS") 
and (b) shall not ever constitute within the meaning of 
any constitutional or charter provision or otherwise (i) 
an indebtedness of the City or any other political sub- 
division of the State of Maryland or (ii) a charge against 
the general credit or taxing powers of the City. The is- 
suance of the Revenue Obligations shall not constitute 
(directly, indirectly or contingently) an obligation, moral 
or otherwise, of the State of Maryland or of any political 
subdivision thereof, including the City, to levy or pledge 
any form of taxation whatever therefor for their payment. 

iB. The Pledged Revenu e s) amount s in- any r ese rv e 
AMOUNTS funds es tablish e d by the £oa*d of Financ e iez 
the payment of the principal efj pr e miu m 04*7 if any-r an4 
inter e st on the Rovonuo Obligations, including inv e stment 
e arning s on any sueh fund 4to the e xtent provided by the 
Board of Financ o ), and un e xpended proc e ed s of the Rev- 
enue Obligations T including inv e stment e arning s on sueh 
proceeds -(the "Pl e dg e d Amounts") are hereby pledged by 
the City to secure the repayment of the principal of, pre- 
mium on, if any, and interest on the Revenue Obligations. 
The City represents and warrants that the Pledged 
Amounts are and will be free and clear of any pledge, lien, 
charge or encumbrance thereon or with respect thereto 
prior to, or of equal rank with, the pledge created by this 
Ordinance except to the extent expressly permitted by the 
Administrative Resolution. The City covenants and agrees 
that it shall at all times, to the extent permitted by law, 
defend, preserve and protect the pledge of the Pledged 
Amounts, and all the rights of the holders of the Revenue 



92 ORDINANCES Ord. No. 867 

Obligations under this Ordinance and the Administrative 
Resolution against all claims and demands of all persons 
whomsoever. 

Sec. 6. And be it further ordained, That, the Board of 
Finance may establish from the proceeds of the Revenue 
Obligations or other funds of the Wastewater Utility or 
any other amounts whatsoever, one or more reserve funds 
for the Revenue Obligations, including (without limita- 
tion) a Debt Service Reserve Fund, which fund or funds 
may be pledged to the payment of principal of, premium 
on, if any, and interest on such notes and bonds in the 
event that the Pledged Amounts for any year are insuffi- 
cient to pay the principal of, premium on, if any, and 
interest on the Revenue Obligations for such year. This 
section shall not be deemed to preclude establishment of 
other rosorvo funds, the amounts in which are not Pledged 
Amounts, in connection with the Revenue Obligations or 
any subordinate obligations of a Wastewater Utility T . in- 
cluding (without limitation) a R e nowal a&4 Rophcom e nt 
Fund, 

SEC. 7. And be it further ordained, That, the City hereby 
covenants that it will pay the principal of, the premium 
on, if any, and the interest on any Revenue Notes or. 
Refunding Revenue Notes in the nature of bond antici- 
pation notes from the first proceeds of any Refunding 
Revenue Bonds issued hereunder when, and as soon as, the 
reason for deferring their issuance no longer exists; but 
in any event, in sufficient time to permit the payment of 
the Revenue Obligations at maturity or extended maturity. 

Sec. 8. And be it further ordained, That, the City shall 
not, except as provided in the Administrative Resolution, 
directly or indirectly extend or assent to the extension of 
the maturity of any of the Revenue Obligations or the 
time of payment of any of the coupons or claims for in- 
terest on such Revenue Obligations. Nothing in this Sec- 
tion shall be deemed to limit the right of the City to issue 
Refunding Obligations and such issuance shall not be 
deemed to constitute an extension of maturity of the Reve- 
nue Obligations or an extension of the time of payment 
of any coupons or claims for interest on the Revenue 
Obligations. 



ORDINANCES 93 

Sec. 9. And be it further ordained. That, the City 
covenants that: 

A. It will take or cause to be taken all actions neces- 
sary to ensure that Rates and Charges are assessed, es- 
tablished and collected so that, for each Fiscal Year, (ij 
the aggregate amount of collections from such Rates and 
Charges, together with any other moneys then legally 
available therefor, will be at all times at least equal to 
one hundred per cent (100%) of the Operating Require- 
ments of the Utility and (ii) the amount of Pledged 
Revenues collected from such Rates and Charges will be 
at all times at least equal to one hundred twenty per cent 
(120%) of the Maximum Annual Debt Service Require- 
ment. The foregoing requirements are collectively referred 
to as the "Rate Requirements." THE PHRASE "OTHER 
MONEYS THEN LEGALLY AVAILABLE THEREFOR" 
IN THE RATE REQUIREMENTS SHALL INCLUDE, 
WITHOUT LIMITATION, UP TO THE AMOUNT AU- 
THORIZED TO BE BORROWED BY THE CITY OR 
LOANED TO THE WASTEWATER UTILITY PUR- 
SUANT TO SECTION 9D. BELOW TO THE EXTENT 
SUCH AMOUNT HAS BEEN BORROWED OR 
LOANED, AS THE CASE MAY BE, BUT SHALL EX- 
CLUDE, WITHOUT LIMITATION, ANY AMOUNTS 
BORROWED BY THE CITY OR LOANED TO THE 
WASTEWATER UTILITY PURSUANT TO SECTION 
9E. BELOW AND ANY AMOUNTS RECEIVED OR TO 
BE RECEIVED BY THE WASTEWATER UTILITY 
WHICH AMOUNTS ARE PAYABLE TO BALTIMORE 
COUNTY, MARYLAND ("BALTIMORE COUNTY"). 

B. Under current City procedures, the City Charter 
and applicable law, the City covenants and agrees that it 
will cause the following acts to occur in timely fashion; 
that it will, in connection therewith, take any and all ac- 
tion necessary to that end; and that it intends to create 
the following obligations hereby: 

(i) The Director of Finance and the Director of 
Public Works, at the time of submission of the annual 
operating budget portion of the Ordinance of Estimates, 
shall recommend to the Board of Estimates the assess- 
ment and the establishment of Rates and Charges which 
at least meet the Rate Requirements. 



94 ORDINANCES Ord. No. 867 

(ii) The City Council and the members thereof shall 
recommend to the Board of Estimates approval of Rates 
and Charges which at least meet the Rate Requirements. 

(iii) The Board of Estimates shall assess and estab- 
lish and the Director of Finance shall collect Rates and 
Charges which at least meet the Rate Requirements. 

(iv) Neither the Board of Estimates nor the Director 
of Public Works shall provide for abatement and reduc- 
tion of the Rates and Charges which would cause the 
Rates and Charges as assessed and established to equal 
less than the amounts necessary to satisfy the Rate 
Requirements. 

(v) Within sixty (60) days of the filing of the Fi- 
nancial Report (defined herein) with the City, if such 
report shows the Operating Revenues of the Utility to 
be less than the amount required to satisfy the Rate Re- 
quirements, the Director of Finance, the Director of Public 
Works and the City Council and the members thereof 
shall recommend, and the Board of Estimates shall assess 
and establish, Rates and Charges which result in Operat- 
ing Revenues of the Utility at least equal to the amount 
necessary to satisfy the Rate Requirements. 

(vi) If at any time it is established to the satisfac- 
tion of the trustee for the Revenue Obligations (the 
"Trustee") or the Director of Finance, in accordance 
with procedures established in the Administrative Reso- 
lution, that expected or actual Operating Revenues of 
the Utility will be or are less than the amount neces- 
sary to satisfy the Rate Requirements, the Director of 
Finance, the Director of Public Works and the City Coun- 
cil and the members thereof shall recommend and the 
Board of Estimates shall assess and establish, Rates and 
Charges which result in Operating Revenues of the Utility 
at least equal to the amount necessary to satisfy the Rate 
Requirements. 

(vii) If in any Fiscal Year it appears that the Operat- 
ing Revenues of the Wastewater Utility will be in excess 
of those budgeted for the Water Utility and if the 
Board of Estimates determines to decrease the Rates and 
Charges for any Fiscal Year or portion thereof as author- 
ized by Article 29, Section 21A.(a) of the Baltimore City 



ORDINANCES 95 

Code, or any successor provision, any such decrease shall 
be such that the resulting- collections from the reduced 
Rates and Charges will continue to satisfy the Rate Re- 
quirements throughout such Fiscal Year or portion thereof. 

(viii) Except as provided in this Ordinance and in 
the Administrative Resolution, so long as any Revenue 
Obligations are outstanding, the City shall not, in the 
normal course and without taking corrective steps to 
remedy the reasons therefor, furnish or supply any fa- 
cilities, services or commodities afforded by it in connec- 
tion with the Wastewater Utility free of charge, except 
for wastewater service rendered in connection with fire 
services of the City, as specified in the Administrative 
Resolution. The City will promptly enforce in the manner 
and to the extent provided by law the payment of any and 
all delinquent accounts except when the City determines 
that such enforcement is no longer practicable or econom- 
ically justified. 

C. The Board of Finance is hereby authorized to es- 
tablish in the Administrative Resolution any procedure 
deemed necessary or desirable to permit the City to re- 
spond to any change in the method of establishment of 
Rates and Charges, so long as such procedure is consistent 
with the security of the holders of the Revenue Obliga- 
tions, this Ordinance, the City Charter, the City Code and 
other applicable law. 

D. THE CITY RECOGNIZES THAT IN ORDER TO 
COMPLY WITH THE RATE REQUIREMENTS WITH- 
OUT UxNNECESSARILY INCREASING RATES AND 
CHARGES, IT MAY BE NECESSARY TO BORROW 
CERTAIN AMOUNTS IN ANTICIPATION OF RE- 
CEIPT OF REVENUES ACCRUED FROM BALTIMORE 
COUNTY. ACCORDINGLY, THE CITY IS HEREBY 
AUTHORIZED TO BORROW ON A SHORT TERM 
BASIS NOT TO EXCEED TWO YEARS, PURSUANT 
TO APPLICABLE LAW, AN AMOUNT NOT TO EX- 
CEED EIGHTY PERCENTUM (SO c 'c) OF THE DIF- 
FERENCE AT ANY TIME BETWEEN THE REV- 
ENUES EXPECTED TO BE PAID BY BALTIMORE 
COUNTY FOR WASTEWATER UTILITY SERVICES 
RENDERED TO BALTIMORE COUNTY BY THE CITY 
AND THE COSTS ACCRUED BY THE CITY IN CON- 



96 ORDINANCES Ord. No. 867 

NECTION WITH THE RENDERING OF WASTE- 
WATER UTILITY SERVICES BY THE CITY TO 
BALTIMORE COUNTY (THE "REVENUE ANTICIPA- 
TION BORROWING"). THE CITY IS HEREBY AU- 
THORIZED TO ACCOMPLISH SUCH BORROWING OR 
BORROWINGS, FROM TIME TO TIME, BY ANY ONE 
OR MORE OF THE FOLLOWING: (I) OBTAINING A 
STANDBY LINE OF CREDIT FROM A BANK OR 
TRUST COMPANY AUTHORIZED TO PROVIDE THE 
SAME AND ISSUING ITS NOTE IN THE AGGREGATE 
AMOUNT OF ANY MONEYS DRAWN AGAINST THE 
LINE OF CREDIT, SUCH NOTE OR NOTES TO BE 
DESIGNATED "REVENUE ANTICIPATION NOTE 
(WASTEWATER PROJECTS)"; (II) ISSUING REVE- 
NUE OBLIGATIONS; (III) BORROWING THE 
AMOUNT FROM THE CITY; OR (IV) BORROWING 
THE AMOUNT PURSUANT TO ANY OTHER METHOD 
OF SHORT TERM BORROWING THEN AUTHORIZED 
BY APPLICABLE LAW AND APPROVED BY THE 
TRUSTEE FOR THE REVENUE OBLIGATIONS. IF 
THE REVENUE ANTICIPATION BORROWING IS AC- 
COMPLISHED THROUGH THE ISSUANCE OF REVE- 
NUE OBLIGATIONS, THE REVENUE ANTICIPATION 
BORROWING WILL BE SECURED AS OTHER REVE- 
NUE OBLIGATIONS AND ANY REFERENCE IN THIS 
ORDINANCE TO THE SECURITY FOR THE REV- 
ENUE OBLIGATIONS SHALL BE DEEMED TO 
INCLUDE THE REVENUE ANTICIPATION BORROW- 
ING. THE AMOUNT AUTHORIZED TO BE BOR- 
ROWED BY THE CITY FROM TIME TO TIME PUR- 
SUANT TO THIS SUBSECTION SHALL NOT BE 
CUMULATIVE AND SHALL BE IN ADDITION TO 
THE AMOUNT OF REVENUE OBLIGATIONS AU- 
THORIZED IN SECTION 2 HEREOF. THE TERMS 
AND CONDITIONS OF ANY REVENUE ANTICIPA- 
TION BORROWING SHALL BE AS DETERMINED IN 
THE ADMINISTRATIVE RESOLUTION OR ANY 
OTHER RESOLUTION ADOPTED BY THE BOARD OF 
FINANCE IN CONNECTION WITH SUCH BORROW- 
ING, INCLUDING THE PROVISION FOR PRIVATE 
(NEGOTIATED) SALE OR PLACEMENT OF ANY 
CITY NOTE OR REVENUE OBLIGATIONS, WHICH 
PRIVATE SALE OR PLACEMENT IS HEREBY 
FOUND AND DETERMINED TO BE IN THE BEST 



ORDINANCES 97 

INTEREST OF THE CITY UNLESS OTHERWISE DE- 
TERMINED BY THE BOARD OF FINANCE IN THE 
ADMINISTRATIVE RESOLUTION OR ANY OTHER 
RESOLUTION ADOPTED BY THE BOARD OF FI- 
NANCE IN CONNECTION WITH SUCH BORROWING. 

E. NOTHING IN THIS ORDINANCE SHALL PRE- 
CLUDE THE CITY FROM BORROWING MONEY PUR- 
SUANT TO APPLICABLE LAW IN ORDER TO MAKE 
A LOAN TO THE WASTEWATER UTILITY TO MEET 
ANY TEMPORARY CASH OPERATING DEFICIT 
OTHER THAN AS PROVIDED IN SECTION 9D. 
ABOVE; PROVIDED, HOWEVER, THAT THE PRO- 
CEEDS OF SUCH BORROWING OR LOAN SHALL NOT 
CONSTITUTE AMOUNTS AVAILABLE FOR SATIS- 
FACTION OF THE RATE REQUIREMENTS, AS PRO- 
VIDED IN SECTION 9A. ABOVE. 

Sec. 10. And be it further ordained, That, the City 
hereby covenants that: 

A. It will take or cause to be taken all actions neces- 
sary so that amounts at least equal to the Rate Require- 
ments for each Fiscal Year (i) are included in the Ordi- 
nance of Estimates for each Fiscal Year and (ii) are 
collected when due or as soon thereafter as possible in 
accordance with law. 

B. Under current City procedures, the City Charter 
and applicable law, this covenant shall be deemed to ob- 
ligate (i) the Director of Public Works to recommend to 
the Director of Finance that amounts at least equal to 
the Rate Requirements for each Fiscal Year shall be in- 
cluded in the operating budget portion of the proposed 
Ordinance of Estimates for each Fiscal Year; (ii) the 
Director of Finance to recommend inclusion of amounts 
at least equal to the Rate Requirements for each Fiscal 
Year in the operating budget portion of the proposed 
Ordinance of Estimates for each Fiscal Year; (iii) the 
Board of Estimates to include amounts at least equal to 
the Rate Requirements for each Fiscal Year in the pro- 
posed operating budget portion of the Ordinance of Esti- 
mates for each Fiscal Year; and (iv) the City Council 



98 ORDINANCES Ord. No. 867 

not to reduce or eliminate amounts satisfying the Rate 
Requirements from the operating budget portion of the 
Ordinance of Estimates for each Fiscal Year. 

C. Under current City procedures, the City Charter 
and applicable law, this covenant shall be deemed to obli- 
gate the Director of Public Works to determine, prior 
to his submission of the capital budget for the Wastewater 
Utility in any Fiscal Year, (i) the amount of the Ordi- 
nary Capital Requirement for the next ensuing Fiscal 
Year, and (ii) the amount necessary to maintain the 
Extraordinary Capital Requirement for the next ensuing 
Fiscal Year. 

D. The City shall not reduce any appropriation in- 
cluded in the Wastewater Utility operating budget portion 
of the Ordinance of Estimates for any Fiscal Year unless 
requested to do so by the Director of Finance. 

Sec. 11. Be it further ordained, That, the City covenants 
that if additional appropriations for expenditures for the 
Wastewater Utility are approved to be made from Operat- 
ing Revenues of the Utility received or expected to be 
received in any Fiscal Year by the Wastewater Utility in 
excess of those relied upon by the Board of Estimates 
in determining the Ordinance of Estimates for such Fiscal 
Year, the City will take or cause to be taken in timely 
fashion all actions necessary to comply with the Rate 
Requirements. 

Sec. 12. Be it further ordained, That, the City covenants 
that if upon the application of the Director of Public 
Works, the amount for a particular program, purpose, 
activity or project budgeted for the Wastewater Utility in 
the Ordinance of Estimates for any Fiscal Year is in- 
creased or the amount for a new program, purpose, activ- 
ity or project for the Wastewater Utility is introduced by 
transferring amounts already appropriated to the Waste- 
water Utility in the Ordinance of Estimates for any Fiscal 
Year, the City will take or cause to be taken all actions 
necessary to comply with the Rate Requirements. 

Sec. 13. Be it further ordained, That: 

A. The City covenants to take or cause to be taken 
all actions necessary to assure that (i) upon the recom- 



ORDINANCES 99 

mendation of the Director of Finance and the Director 
of Public Works, appropriations for any program, pur- 
pose, activity or project included in the Ordinance of 
Estimates for any Fiscal Year for the Wastewater Utility 
will be carried over to Fiscal Years subsequent to the 
one for which any appropriation was initially made for 
the accomplishment of such program, purpose, activity 
or project and (ii) any balance remaining to the credit 
of the Wastewater Utility at the end of any Fiscal Year 
shall remain to the credit of the Wastewater Utility and an 
estimate of such balance shall be included in the Waste- 
water Utility's budget for the next ensuing Fiscal Year as 
an estimated receipt to be utilized with respect to the 
Wastewater Utility, i.e. an amount to be available for ap- 
propriation in the Wastewater Utility budget in the next 
ensuing Fiscal Year. 

B. (Under current City procedures, the City Charter 
and applicable law, this covenant shall be deemed to ob- 
ligate (i) the Director of Public Works and the Director 
of Finance to recommend that any program, purpose, 
activity or project included in the Ordinance of Estimates 
for any Fiscal Year for the Wastewater Utility which is 
necessary for the proper functioning of the Wastewater 
Utility, be carried over to Fiscal Years subsequent to the 
one for which any appropriation was initially made for 
the accomplishment of such program, purpose, activity 
or project; (ii) the Board of Estimates, upon the recom- 
mendation of the Director of Public Works and the Direc- 
tor of Finance, to approve the carrying over to Fiscal 
Years subsequent to the current Fiscal Year any program, 
purpose, activity or project relating to the Wastewater Util- 
ity included in the Ordinance of Estimates for the cur- 
rent Fiscal Year; and (iii) the Board of Estimates to 
assure that any balance remaining to the credit of the 
Wastewater Utility at the end of any Fiscal Year shall re- 
main to the credit of the Wastewater Utility and an esti- 
mate of such balance shall be included in the Wastewater 
Utility's budget for the next ensuing Fiscal Year. 

Sec. 14. And be it further ordained, That, the City cov- 
enants that it will not amend, seek to amend or have 
amended any existing law, the City Charter or current 
City procedures in any manner which would cause the 
covenants of the City contained in this Ordinance to be 



100 ORDINANCES Ord. No. 867 

abrogated or breached. The City recognizes and acknowl- 
edges that its covenants with the holders of any Revenue 
Obligations are binding upon the City notwithstanding 
any change in applicable law, the City Charter or current 
City procedures. 

Sec. 15. And be it further ordained, That, the City 
covenants that (i) the accounting system utilized for the 
Wastewater Utility will conform to generally accepted prin- 
ciples of utility accounting and will be kept on the 
accrual basis and in the manner prescribed in Article 
VII, Section 8 of the City Charter; (ii) the report with 
respect to the operation of the Wastewater Utility which 
is required to be filed after the close of each Fiscal Year 
in accordance with Article 29, Section 21A.(a) of the 
City Code (the "Financial Report") will be submitted as 
a separate section of the statements prescribed under 
Article VII, Section 8 of the City Charter; (iii) the Fi- 
nancial Report will contain at least all of the financial 
statements required under Article 29, Section 21A. (a) 
of the Baltimore City Code and will be filed within one 
hundred and eighty (180) days of the close of each Fiscal 
Year; and (iv) the Financial Report shall be audited 
by an independent certified public accountant. 

Sec. 16. And be it further ordained, That, the City 
hereby covenants and agrees as follows: 

A. Except as provided in this Ordinance and in the 
Administrative Resolution, the City shall not issue any 
bonds, notes or other evidences of indebtedness, other 
than the Revenue Obligations, secured by a ratable or 
parity pledge of or other lien on the Pledged Amounts, 
and shall not otherwise create or cause to be created any 
ratable or parity lien or charge on the Pledged Amounts. 

(i) So long as all necessary requirements of the 
City Charter, the City Code and other applicable law 
are complied with, nothing herein shall be construed to 
prohibit the issuance by the City of notes or other evi- 
dences of indebtedness (or renewals thereof) ("Obliga- 
tions") and the entering into of leases, financing leases, 
sale-leasebacks and similar transactions ("Leases") for 
any valid public purpose related to the Wastewater Util- 
ity, which Obligations or Leases, if so determined by the 



ORDINANCES 101 

Board of Finance, may be secured by a pledge of the 
Pledged Revenues, provided that such pledge shall in all 
respects be subordinate to the provisions of this Ordinance, 
the Administrative Resolution and the pledge created 
hereby and thereby; 

(ii) Notwithstanding anything in this Ordinance 
to the contrary, the City may issue Obligations and enter 
into Leases secured solely by the revenues, receipts or 
other moneys derived by the City from the lease, license, 
operation, sale or other disposition of any facility 
or equipment of the Wastewater Utility constructed or ac- 
quired by or on behalf of the City with the proceeds of 
the Obligations or in connection with the Leases. Such 
revenues, receipts and other moneys shall not be con- 
sidered Operating Revenues of the Utility or Rates and 
Charges hereunder, provided that 

(a) neither the debt service on the Obliga- 
tions, the amounts payable in connection with the Leases, 
any cost of the acquisition, construction, leasing, opera- 
tion, maintenance or repair of anv such f*r.il»tv n r eoin'D- 
ment nor provision for reserves for any of the foregoing 
shall be paid from the proceeds of Revenue Obligations 
or from Operating Revenues of the Utility or shall be 
included in operating expenses of the Wastewater Utility, 

(b) any such revenues, receipts and moneys 
in excess of such debt service, amounts payable in con- 
nection with the Leases, cost of acquisition, construction, 
leasing, operation, maintenance and repair and reserves 
shall be deposited to the credit of the Wastewater Utility 
(and upon such deposit shall be deemed Operating Reve- 
nues of the Utility), and 

(c) prior to the issue of any Obligation or 
the entering into of any Lease, the City shall deliver to 
the Trustee for the Revenue Obligations a certificate of 
a consulting engineer stating that the lease, license, opera- 
tion, sale or other disposition of such facility or equip- 
ment and the application of the revenues, receipts and 
other moneys derived therefrom to the leasing, operation, 
maintenance and repair thereof and the payment of the 
debt service on the Obligations issued therefor or the 
amounts payable in connection with the Leases entered 
into therefor, and the provision of reserves for the fore- 



102 ORDINANCES Ord. No. 867 

going, will not result in any material decrease in the 
Operating Revenues of the Utility or the Pledged Reve- 
nues of the City, as provided in the Administrative 
Resolution; 

B. The Administrative Resolution shall provide the 
extent to which all or any part of the Wastewater Facili- 
ties may be sold, mortgaged, leased or otherwise disposed 
of or encumbered so long as such provisions are con- 
sistent with applicable law, this Ordinance and the 
covenants contained herein. 

C. In order to implement the obligations historically 
exercised by the City with respect to the Wastewater 
Utility and to implement the City Charter provisions with 
respect to the Wastewater Utility, the City shall operate, 
or cause to be operated, the Wastewater Utility properly 
and in a sound, efficient and economical manner and shall 
maintain, preserve, and keep the same or cause the same 
to be maintained, preserved, and kept in good repair, 
working order and condition, and shall from time to time 
make, or cause to be made, all necessary and proper 
repairs, replacements and renewals so that the operation 
of the Wastewater Utility may be properly and advan- 
tageously conducted, and, if any useful part of the 
Wastewater Utility is damaged or destroyed or taken 
through the exercise of eminent domain, the City shall, 
as expeditiously as practicable, commence and diligently 
prosecute the replacement or reconstruction of such dam- 
aged or destroyed part so as to restore the same to use 
and the replacement of such part so taken; provided, how- 
ever, that nothing in this Ordinance shall require the 
City to operate, maintain, preserve, repair, replace, renew 
or reconstruct any part of the Wastewater Utility if (i) 
abandonment of operation of such part is economically 
justified and is not prejudicial to the interests of the 
holders of the Revenue Obligations, and (ii) failure to 
operate, maintain, preserve, repair, replace, renew or re- 
construct such part will not impair the ability of the 
City to satisfy the Rate Requirements. The Administra- 
tive Resolution may establish the terms and conditions 
of any such exception and may provide for further ex- 
ceptions so long as consistent with this Ordinance and 
the covenants of the City contained herein. 



ORDINANCES 103 

D. The City shall at all times (i) keep all Wastewater 
Facilities of an insurable nature and of the character 
usually insured by operating utilities similar to the 
Wastewater Utility insured, insofar as practicable, against 
loss or damage by fire and from other causes customarily 
insured against and (ii) maintain insurance, insofar as 
practicable, against loss or damage from such hazards 
and risks to the persons and property of others as are 
usually insured against by those operating systems similar 
to the Wastewater Utility. The amounts and types of in- 
surance to be maintained and the terms and conditions 
with respect to the insurance or any proceeds from any 
claim thereunder shall be as provided in the Administra- 
tive Resolution. Nothing contained in this Ordinance shall 
prohibit the use of self-insurance to fulfill any covenant 
with respect to insurance so long as the self-insurance 
is in accordance with any terms and conditions with 
respect thereto contained in the Administrative Resolution. 

Sec. 17. And be it further ordained, That, the City 
covenants that no expenditures will be made from amounts 
credited to the Wastewater Operating Fund of the Waste- 
water Utility (or successor operating fund) except those 
expenditures relating to items for which appropriations 
have been made in the Wastewater Utility operating budget 
portion of the Ordinance of Estimates. 

Sec. 18. And be it further ordained, That, all Revenue 
Obligations shall be executed in the name of the Mayor 
and City Council of Baltimore and on its behalf by the 
manual or facsimile signature of the Mayor of the City 
and of the Director of Finance of the City and the cor- 
porate seal of the City shall be imprinted thereon, attested 
by the manual signature of the Custodian or the Alternate 
Custodian of the Seal of the City. However, the Board 
of Finance may, in the Administrative Resolution, when 
the Board of Finance finds that the nature of a trans- 
action requires such a procedure, establish a procedure 
whereby the Trustee for the Revenue Obligations, or a 
responsible trust company or other duly authorized trustee, 
issuing agent or paying agent, maintains an inventory 
of blank Revenue Obligations previously imprinted and 
signed, available for delivery to purchasers of short-term 



104 ORDINANCES Ord. No. 867 

Revenue Obligations under conditions which require prompt 
action and delivery. 

In the event any official whose signature shall appear 
on any series of the Revenue Obligations shall cease to 
be such official prior to the delivery of any series of Reve- 
nue Obligations, or, in the event any such official whose 
signature shall appear on any series of Revenue Obliga- 
tions shall have become such after the date of issue 
thereof, the Revenue Obligations of such series shall never- 
theless be valid and legally binding obligations of the City 
in accordance with their terms. 

Sec. 19. And be it further ordained, That, the proceeds 
from the sale of the Revenue Obligations shall be paid 
to the Director of Finance for immediate deposit with the 
Trustee for the Revenue Obligations. The Trustee shall 
invest and disburse such proceeds in accordance with the 
Enabling Laws, this Ordinance and the Administrative 
Resolution. 

Upon presentation to the Trustee of the appropriate 
vouchers, therefor, as provided in the Administrative 
Resolution, the Trustee shall pay, from the proceeds of 
each series of Revenue Obligations in his hands, all ex- 
penses incurred in the issuance of such series of notes 
or bonds, including, without limitation, costs of engrav- 
ing, printing, advertising, attorneys' fees, underwriting 
discount, placement fees, consultants' fees, bond insurance 
fees, rating agency fees, initial fees for letters of credit 
or lines of credit, initial fees of the Trustee and all other 
incidental expenses connected therewith (collectively re- 
ferred to herein as the "Costs of Issuance"). Nothing shall 
prevent the payment by the City of any underwriting 
discount or placement fee payable in connection with any 
series of Revenue Obligations by the deduction by the 
underwriters or placement agents of an amount equal to 
the discount or placement fee from the offering price of 
such series of Revenue Obligations. 

The Trustee shall credit to a special account on its 
books the amount, if any, of the proceeds of each series 
of Revenue Obligations designated as capitalized interest 
on such series of obligations. 



ORDINANCES 105 

Prior to expenditure of the proceeds of any series of 
Revenue Obligations, the same or any part thereof may 
be invested by the Trustee, in accordance with the Admin- 
istrative Resolution and within any limitation and in the 
manner provided by law. Upon presentation to the Trus- 
tee of appropriate requests therefor, as provided in the 
Administrative Resolution, the Trustee shall pay to the 
Director of Finance from the proceeds of any series of 
Revenue Obligations, amounts for any of the purposes 
specified in this Ordinance and in the Administrative 
Resolution. 

If the funds derived from the sale of the Revenue 
Notes or Revenue Bonds shall exceed the amount needed 
(i) to refund any outstanding full faith and credit obliga- 
tions of the City determined to be refunded by the Board 
of Finance in the Administrative Resolution and (ii) to 
finance the Financed Facilities, the funds so borrowed and 
not expended for the public improvements provided by 
this Ordinance shall be applied, under the terms and 
conditions set forth in the Administrative Resolution, to 
redeem or purchase Revenue Obligations. 

Sec. 20. And be it further ordained, That, authority is 
hereby conferred on the Board of Finance, to take the 
following actions and to make the following commitments 
on behalf of the City: 

(a) to determine and set forth the form, terms, pro- 
visions (including redemption provisions and sinking fund 
requirements, if any), manner or method of issuing and 
selling (including negotiated or competitive bid sale) and 
the time or times of issuance and any and all other details 
of the Revenue Obligations ; 

(b) to prepare and distribute, in conjunction with the 
prospective underwriters or placement agents, if any, for 
the Revenue Obligations, preliminary and final official 
statements or placement memoranda or circulars as the 
Board of Finance deems necessary and appropriate in 
connection with the sale of the Revenue Obligations; pro- 
vided, however, that any such preliminary official state- 
ments or placement memoranda or circulars shall be clearly 
marked to indicate that they are subject to completion and 
amendment; 



106 ORDINANCES Ord. No. 867 

(c) to determine the dates, times and places when an 
underwriting or placement agreement or purchase con- 
tract shall be submitted by the underwriters or place- 
ment agents for the Revenue Obligations or purchasers 
of the Revenue Obligations, such underwriting or place- 
ment agreement or purchase contract to specify the in- 
terest rate or rates proposed to be paid on the Revenue 
Obligations, the price at which such Revenue Obligations 
are to be sold to such underwriters, placement agents or 
purchasers, and such other matters as the underwriters, 
placement agents or purchasers and the Board of Finance 
may deem necessary or desirable in order to effect the 
sale and delivery of the Revenue Obligations ; 

(d) to determine the interest rate or rates to be paid 
by the City on the Revenue Obligations in accordance with 
the proposed underwriting or placement agreement or 
purchase contract submitted by the underwriters or place- 
ment agents for the Revenue Obligations or purchasers 
of the Revenue Obligations; 

(e) to appoint, as the Board of Finance deems neces- 
sary and appropriate, a bank having trust powers, or a 
trust company, as Trustee for the Revenue Obligations; 
and 

(f) to approve the form of trust agreements between 
the City and the Trustee (which may be the Administra- 
tive Resolution), which trust agreements may (i) pledge 
or assign all or any part of the security of the Revenue 
Obligations so long as consistent with the covenants con- 
tained in this Ordinance and the Administrative Resolu- 
tion, (ii) contain reasonable and proper provisions for the 
protection and enforcement of the rights and remedies 
of the holders of the Revenue Obligations, (iii) set forth 
the rights and remedies of the holders of the Revenue 
Obligations and any Trustee and may restrict the indi- 
vidual right of action by the holders of the Revenue Obli- 
gations and (iv) contain whatever other provisions are 
deemed reasonable and proper for the security of the 
holders of the Revenue Obligations. 

The Board of Finance shall perform any and all actions 
necessary or deemed appropriate by such Board in order 
to effect the issuance and sale of the Revenue Obligations 
in accordance with and pursuant to this Ordinance and 



ORDINANCES 107 

the underwriting or placement agreements or purchase 
contracts for the Revenue Obligations. 

Sec. 21. And be it further ordained, That, prior to the 
sale of the Revenue Obligations, the Board of Finance, 
unless the City shall otherwise prescribe, may determine 
by resolution: 

(1) the provisions of trust between the City and the 
Trustee; 

(2) the manner of execution, authentication, regis- 
tration and transfer of the Revenue Obligations; 

(3) provisions for authentication and delivery of the 
Revenue Obligations; 

(4) the terms of any private insurance, public insur- 
ance or any other security for the Revenue Obligations; 

(5) provisions for creation, holding and disbursement 
of any funds and accounts to be held by the Trustee or the 
Director of Finance; 

(6) provisions for the application of the Operating 
Revenues of the Utility, the Pledged Revenues and the 
Pledged Amounts; 

(7) provisions for the security for and investment 
of moneys held by the Trustee or the Director of Finance; 

(8) the details of the procedure for any redemption 
of the Revenue Obligations; 

(9) remedies for holders of the Revenue Obligations 
in the event of default; 

(10) the duties, rights and immunities of the Trustee; 

(11) the manner of execution of instruments by 
holders of the Revenue Obligations and the method of 
proof of ownership of the Revenue Obligations; 

(12) provisions for modification of this Ordinance, 
including amendment of this Ordinance to increase the 
aggregate amount of Revenue Obligations authorized 
hereunder; 

(13) provisions for defeasance of the Revenue Ob- 
ligations; 



108 ORDINANCES Ord. No. 867 

(14) the forms of the Revenue Obligations, coupons 
and the Trustee's authentication certificate; and 

(15) such other matters in connection with the au- 
thorization, issuance, security, sale and payment of the 
Revenue Obligations as may be deemed appropriate by 
the Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
Ordinance shall be deemed to be of an administrative 
nature. 

Sec. 22. And be it further ordained, That, although 
under current law the Wastewater Utility and the City's 
Wastewater WATER Utility are each to be conducted as a 
separate enterprise, on a financially self-sustaining basis, 
nothing in this Ordinance shall be deemed to preclude a con- 
solidation or other combination of the Wastewater Utility 
and the Water Utility or any budgetary restructuring or 
interfund reorganization of such utilities, so long as it 
is determined, in accordance with the procedures set forth 
in the Administrative Resolution, that such consolidation 
or combination will not impair the security for the Reve- 
nue Obligations as provided in this Ordinance, the Ad- 
ministrative Resolution and the Revenue Obligations. 

Sec. 23. And be it further ordained, That, although 
this Ordinance provides for, and the Administrative Reso- 
lution shall provide for, a pledge of the Pledged Amounts 
with respect to the Revenue Obligations, nothing in this 
Ordinance shall be deemed to preclude a pledge, with 
respect to the Revenue Obligations, of revenues of and 
amounts held by the Wastewater Utility, including the 
Pledged Amounts, under different or alternative formu- 
lations, so long as it is determined, in accordance with the 
procedures set forth in the Administrative Resolution, 
that such different or alternative formulation, will not 
impair the security for the Revenue Obligations as pro- 
vided in this Ordinance, the Administrative Resolution 
and the Revenue Obligations. 

Sec. 24. And be it further ordained, That, the Mayor 
and City Council may amend or supplement this Ordi- 
nance from time to time as necessary and appropriate to 



ORDINANCES 109 

increase the authorized amount of Revenue Obligations, 
such obligations being additional parity Revenue Obliga- 
tions, and for any other purpose provided such action 
is otherwise consistent with the terms of this Ordinance, 
the Administrative Resolution and the Revenue Obliga- 
tions. The Administrative Resolution shall provide that 
no such additional Revenue Obligations shall be issued 
pursuant to this Ordinance and the Administrative Reso- 
lution unless (a) there is no Event of Default, as defined 
in the Administrative Resolution, existing on the date of 
issuance of any such obligations and (b) there is a 
determination, under tests provided in the Administra- 
tive Resolution, that the Rate Requirements will be met 
on the date of issuance of any such obligations. Refer- 
ence to the Enabling Laws in this Ordinance or any sup- 
plemental ordinance may refer to one or both of such 
Enabling Laws and shall not be deemed to be exclusive 
of any public general law, any public local law or charter 
provision enacted from time to time. 

Sec. 25. And be it further ordained. That, if any action 
or any matter delegated to the Board of Finance, or 
authorized for implementation by the Board of Finance, 
shall not be acted upon by the Board of Finance, such 
actions and matters may be acted upon or implemented 
by a resolution approved by the City Council of the City, 
which is subsequently approved by the Mayor or acting 
Mayor of the City. 

SEC. 26. And be it further ordained, That, the Mayor 
and the Chief, Bureau of Treasury Management shall be 
two of the officers of the City responsible for the issuance 
of the Revenue Obligations within the meaning of Section 
103(c) of the Internal Revenue Code of 1954, as amended 
("Section 103(c)") and the applicable regulations there- 
under (the "Arbitrage Regulations"). The Mayor and the 
Chief, Bureau of Treasury Management shall also be the 
officers of the City responsible for the execution and de- 
livery (on the date of issuance of each series of Revenue 
Obligations) of a certificate of the City (the "Section 
103(c) Certificate") which complies with the require- 
ments of Section 103(c) and the Arbitrage Regulations, 
and such officials are hereby authorized and directed to 
execute the Section 103(c) Certificate and to deliver the 



110 ORDINANCES Ord. No. 867 

same to Bond Counsel on the date of the issuance of 
each series of Revenue Obligations. 

The City shall set forth in the Section 103(c) Cer- 
tificate its reasonable expectations as to relevant facts, 
estimates and circumstances relating to the use of the 
proceeds of the series of Revenue Obligations, or of any 
monies, securities or other obligations to the credit of any 
account of the City which may be deemed to be proceeds 
of the series of Revenue Obligations pursuant to Section 
103(c) or the arbitrage regulations (collectively, "Revenue 
Obligation Proceeds"). The City covenants with each of 
the holders of any of the Revenue Obligations that (i) 
the facts, estimates and circumstances set forth in the 
Section 103(c) Certificate will be based on the City's 
reasonable expectations on the date of issuance of the 
series of Revenue Obligations and will be, to the best 
of the certifying officials' knowledge, true and correct, as 
of that date. 

The City covenants with each of the holders of any 
of the Revenue Obligations that it will not make, or 
(to the extent that it exercises control or direction) permit 
to be made, any use of the Revenue Obligation Proceeds 
which would cause the Revenue Obligations to be "arbi- 
trage bonds" within the meaning of Section 103(c) and 
the Arbitrage Regulations. The City further covenants 
that it will comply with Section 103(c) of the Internal 
Revenue Code of 1954, as amended, and the regulations 
thereunder which are applicable to the Revenue Obliga- 
tions on the date of issuance of the notes and which may 
subsequently lawfully be made applicable to the Revenue 
Obligations. 

Sec. 27. And be it further ordained, That, the covenants 
of the City contained in this Ordinance shall be for the 
benefit of the holders of the Revenue Obligations from 
time to time and shall be enforceable by such holders, 
subject to any limitations set forth in the Administrative 
Resolution. 

Sec. 28. And be it further ordained, That, the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 



ORDINANCES 111 

ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or its application to other persons 
or circumstances. It is hereby declared to be the legisla- 
tive intent that this Ordinance would have been adopted 
if such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included herein, 
and if the person or circumstances to which this Ordinance 
or any part thereof is inapplicable had been specifically 
exempted herefrom. 

Sec. 29. And be it further ordained, That, this Ordinance 
shall take effect from the date of its passage. 

Approved January 14, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 868 

(Council No. 1343) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(MARCH FUNERAL HOME PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to ex- 
ceed $1,000,000, pursuant to the provisions of Sub- 
section (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended, for the sole and 
exclusive purpose of financing the costs of the com- 
pletion by William C. March of a certain project in 
Baltimore City consisting of the acquisition of the real 
property located at 3530-3540 Dolfield Avenue in Bal- 
timore City, the construction of certain improvements 
thereon, and the purchase and installation of certain 
machinery and equipment therein, to be owned by him 



112 ORDINANCES Ord. No. 867 

and leased to a corporation or partnership in which 
he will be a substantial stockholder or partner, for use 
as an undertaking establishment and funeral parlor; 
authorizing the Mayor of the City, on behalf of the 
City, to accept the letter of intent dated September 24, 
1982 from William C. March to the City; making 
certain legislative findings; authorizing and empower- 
ing the Board of Finance of the City, by a resolution 
or resolutions adopted prior to the issuance, sale and 
delivery of any series of such bonds, to (a) prescribe, 
among other things but not limited to, the form, terms, 
provisions, manner or method of issuing and selling 
(including negotiated as well as competitive bid sale), 
and the time or times of issuance, and any and all 
other details of such bonds, and (b) do any and all 
things necessary, proper or expedient in connection 
with the issuance and sale of such bonds; providing 
that William C. March shall agree to submit any plans 
and specifications to, and to coordinate with, the De- 
partment of Housing and Community Development in 
connection with the completion of such project; pro- 
viding that such bonds (or bond anticipation notes 
issued in anticipation of the issuance of such bonds) 
must be issued and sold within six months from the 
date this Ordinance is approved by the Mayor, unless 
the Board of Finance approves one six month exten- 
sion as provided in this Ordinance; authorizing the 
issuance of notes in anticipation of the issuance of such 
revenue bonds; providing that this Ordinance is sup- 
plemental to Ordinance No. 441, enacted on October 14, 
1981, which authorized the sale of bonds for the pur- 
pose of financing the costs of completion by William 
C. March of a project to be used for the same purposes 
but at a different location from the project described 
in this Ordinance; and generally providing for and 
determining various matters and details in connection 
with the issuance and sale of such bonds and bond 
anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Enabling 
Law"), empowers Mayor and City Council of Balti- 



ORDINANCES 113 

more (the "City") to borrow money to finance under- 
takings for the accomplishment of any of the purposes, 
objects and powers of the City and in connection there- 
with to issue bonds, notes, or other obligations (in- 
cluding refunding bonds, notes and other obligations), 
all of which shall be fully negotiable, payable, as to 
both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising 
in connection with the property, facilities, develop- 
ments and improvements whose financing is undertaken 
by the issuance of such bonds, notes or other obliga- 
tions, (II) the revenues from or arising in connection 
with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, (III) the contracts, 
mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or 
other obligations, or (IV) any combination of (I), (II) 
or (III). The purposes, objects and powers of the City 
contemplated by the Enabling Law include the relief 
of conditions of unemployment in Baltimore City, en- 
couraging the increase of industry and a balanced 
economy in Baltimore City, promoting economic devel- 
opment in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated Sep- 
tember 24, 1982 (the "Letter of Intent") from William 
C. March (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in the 
financing of the costs of the completion by the Borrower 
of a certain project in Baltimore City, Maryland (the 
"Project"), by issuing and selling the City's industrial 
development revenue bonds in the aggregate principal 
amount not to exceed $1,000,000 (the "Bonds"), and 
by making the proceeds of the Bonds available to the 
Borrower to be used by the Borrower for the sole and 
exclusive purpose of financing the costs of the com- 
pletion of the Project by the Borrower. 

The Project, which is an "undertaking" which will 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist gen- 



114 ORDINANCES Ord. No. 867 

erally of (a) the acquisition of a tract of land contain- 
ing approximately 2.87 acres, located at 3530-3540 Dol- 
field Avenue in Baltimore City, (b) the construction 
of a building thereon for use as an undertaking estab- 
lishment and funeral parlor, and (c) the acquisition 
and installation in such building of any or all ma- 
chinery and equipment as may be necessary or useful 
in connection with the operation thereof. It is antici- 
pated that the Project, which will be owned by the 
Borrower, will, upon completion, be leased to a corpora- 
tion or partnership in which the Borrower will be a 
substantial stockholder or partner for use as an under- 
taking establishment and funeral parlor. 

Ordinance No. 441, enacted on October 14, 1981, au- 
thorized and empowered the City to issue and sell its 
industrial development revenue bonds in the aggregate 
principal amount not to exceed $1,000,000, for the sole 
and exclusive purpose of financing the costs of com- 
pletion by the Borrower of a certain project. That proj- 
ect (the "Original Project") consisted generally of (a) 
the acquisition of a tract of land located at 5313-5323 
Reisterstown Road in Baltimore City, (b) the renova- 
tion of four buildings thereon and (c) the acquisition 
and installation on such land and in such buildings of 
certain machinery, equipment and improvements as may 
be necessary in connection with the operation of an 
undertaking establishment and funeral parlor. Accord- 
ingly, the Project is to be used for the same purpose 
as the Original Project, will be undertaken in lieu 
thereof, and differs from the Original Project only be- 
cause it will involve a different parcel of land and will 
involve new construction rather than renovation. In 
addition, Ordinance No. 441 provided that the authority 
to issue bonds (or bond anticipation notes) thereunder 
would expire if such bonds (or bond anticipation notes) 
were not issued within twelve months after that ordi- 
nance was approved by the Mayor. In lieu of issuing 
such bonds pursuant to Ordinance No. 441, the City has 
determined to authorize the issuance and sale of the 
Bonds pursuant to this Ordinance and to provide that 
the authority to issue the Bonds pursuant to this Ordi- 
nance will expire if the Bonds (or bond anticipation 



ORDINANCES 115 

notes) are not issued within twelve months after this 
Ordinance is approved by the Mayor. 

The Enabling Law provides that the City may author- 
ize and empower the Board of Finance of the City (the 
"Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale) , and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper 
or expedient in connection with the issuance and sale 
of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW : 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion 
of the Project will facilitate and expedite the completion 
of the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) 
promoting economic development in Baltimore City; (c) 
encouraging the increase of industry and a balanced econ- 
omy in Baltimore City; and (d) maintaining a commercial 
operation in Baltimore City. 

(3) Any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other consti- 
tutional, statutory or charter provision limiting or re- 
stricting the sale or issuance of bonds, notes or other 



116 ORDINANCES Ord. No. 867 

obligations of the City. All of the Bonds shall be lim- 
ited obligations of the City, and shall be fully negotiable, 
payable, as to both principal and interest, solely from 
and secured solely by a pledge of (I) the revenues from 
or arising in connection with the Project, (II) the reve- 
nues from or arising in connection with any contracts, 
mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the con- 
tracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of the Bonds, or (IV) 
any combination of (I), (II) or (III), all as the Board 
may approve by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds. 

(4) The Project is to be undertaken for the same pur- 
pose as the Original Project, will be undertaken in lieu 
thereof, and differs from the Original Project only be- 
cause it will involve a different parcel of land and will 
involve new construction rather than renovation. 

SEC. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at 
any time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue bonds, 
in the aggregate principal amount not to exceed $1,000,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a Resolution, and used by the. Borrower for the sole 
and exclusive purpose of financing the costs of the com- 
pletion of the Project. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized 
to accept the Letter of Intent on behalf of the City in 
order to further evidence the present intent of the City 
to issue the Bonds in accordance with the terms and pro- 
visions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to: 



ORDINANCES 117 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance, and 
any and all other details of the Bonds and the issuance 
and sale thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this 
Ordinance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or 
similar agreement, as provided in the Enabling Law, and 
(iii) such provisions in any such trust agreement or 
similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), 
under which the proceeds of the Bonds will be made 
available to the Borrower to finance the costs of the com- 
pletion of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 5. And be it farther ordained, That any and all of 
the Bonds shall not be general obligations of the City 
and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not 
constitute a debt of the City, all within the meaning of 
Section 7 of Article XI of the Constitution of Maryland 
or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, 
notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, 
solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Project, 
(II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of the Bonds, (III) 



118 ORDINANCES Ord. No. 867 

the contracts, mortgages or other securities purchased 
or otherwise acquired with the proceeds of the Bonds, 
or (IV) any combination of (I), (II) or (III), all as the 
Board may approve by a resolution or resolutions adopted 
prior to the issuance, sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained, That any and all of 
the Bonds shall be executed in the name of the City 
and on its behalf by the Mayor of the City, by his manual 
or facsimile signature, and by the Director of Finance 
of the City, by his manual or facsimile signature, and 
the corporate seal of the City or a facsimile thereof shall 
be impressed or otherwise reproduced thereon and at- 
tested by the Custodian of the City Seal, by his manual 
signature. Any trust agreement or other documents as 
the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the 
City by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested 
by the Custodian of the City Seal by his manual sig- 
nature. In case any officer whose signature or a facsimile 
of whose signature shall appear on the Bonds or any of 
the aforesaid documents shall cease to be such officer be- 
fore the delivery of the Bonds or any of the other afore- 
said documents, such signature or such facsimile shall 
nevertheless be valid and sufficient for all purposes, the 






ORDINANCES 119 

same as if such officer had remained in office until de- 
livery. The Mayor of the City, the Director of Finance 
of the City, the Custodian of the City Seal and other 
officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such docu- 
ments and certificates as the Board may determine by 
resolution to be necessary to carry out and comply with 
the provisions hereof. 

SEC. 8. And be it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of 
the City or by the Chief, Bureau of Treasury Manage- 
ment of the City or by such other appropriate official of 
the City as may be designated by the Mayor of the City 
to execute such financing statements. 

SEC. 9. And be it further ordained, That the authority 
to issue the Bonds is intended and shall be deemed to 
include the authority to issue bond anticipation notes 
pursuant to Section 12 of Article 31 of the Annotated 
Code of Maryland (1976 Replacement Volume and 1981 
Cumulative Supplement), as amended (the "Bond Antici- 
pation Note Enabling Legislation"). Reference in this 
Ordinance to the "Bonds" shall include such bond antici- 
pation notes where appropriate. Prior to the issuance, sale 
and delivery of any series of bond anticipation notes, the 
Board shall adopt a resolution or resolutions, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of such bond anticipation notes and 
the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this 
Ordinance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or sim- 
ilar agreement, as provided in the Enabling Law, and (iii) 
such provisions in any such trust agreement or similar 
agreement as the Board may deem reasonable and proper 



120 ORDINANCES Ord. No. 867 

for the security of the holders of such bond anticipation 
notes ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than 
customary financing statements and closing certificates),, 
under which the proceeds of such bond anticipation notes 
will be made available to the Borrower to finance the costs 
of the completion of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond 
anticipation notes issued pursuant to this Section of this 
Ordinance and the interest thereon from the proceeds of 
the Bonds in anticipation of the sale of which such notes 
are issued, and the City hereby further covenants to issue 
such Bonds, when, and as soon as, the reason for deferring 
the issuance of the Bonds no longer exists. The timely 
issuance of such Bonds, however, is dependent upon mat- 
ters not within the control of the City, including (with- 
out limitation) the existence of a purchaser or purchasers 
for such Bonds at the time the reason for deferring the 
issuance of the Bonds no longer exists and the effective- 
ness of various actions taken by the Borrower, its officers, 
agents and employees. 

SEC. 10. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person 
or circumstances, such illegality, invalidity or unconsti- 
tutionality, or inapplicability shall not affect or impair 
any of the remaining provisions, sentences, clauses, sec- 
tions, or parts of this Ordinance or their application to 
other persons or circumstances. It is hereby declared to 
be the legislative intent that this Ordinance would have 
been passed if such illegal, invalid or unconstitutional pro- 
vision, sentence, clause, section or part had not been in- 
cluded herein, and if the person or circumstances to which 



ORDINANCES 121 

this Ordinance or any part hereof are inapplicable had 
been specifically exempted herefrom. 

SEC. 11. And be it further ordained, That either the 
Bonds or bond anticipation notes issued pursuant to Sec- 
tion 9 of this Ordinance in anticipation of the issuance 
of the Bonds must be issued and sold within six months 
from the date on which this Ordinance is approved by 
the Mayor of the City; provided, however, that the Board, 
after a showing of good cause at a public hearing held 
before the Board prior to or after the expiration of such 
six month period, may extend the period during which 
either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed 
six months from the date on which the first six month 
period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the 
sufficiency, or lack thereof, of the reasons presented for 
any requested extension of the six month period. If an 
extension is granted, notice of such extension and the 
reasons therefor must be sent to the City Council. To the 
extent that neither the Bonds nor such bond anticipation 
notes are issued and sold within twelve months from the 
date on which this Ordinance is approved by the Mayor 
of the City, the authority provided in this Ordinance for 
the City to issue and sell the Bonds and such bond antici- 
pation notes shall expire. 

Sec. 12. And be it further ordained, That this Ordinance 
is supplemental to Ordinance No. 441, enacted on October 
14, 1981. 

Sec. 13. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved January 14, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



122 ORDINANCES Ord. No. 869 

No. 869 
(Council No. 1354) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION — MAYOR'S 
ADVISORY COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Eleven Thousand 
One Hundred and Sixty Dollars ($11,160) to the Mayor's 
Advisory Committee on Art and Culture to be used for 
maintaining programming of the gallery of School #33. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of 
the fiscal 1983 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the said recommendation hav- 
ing been made at a regular meeting of said Board held 
on the 20th day of October, 1982, all in accordance with 
Article VI, Section 2(h) (2) of the Baltimore City Charter 
(1964 Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Char- 
ter of Baltimore City, the sum of Eleven Thousand 
One Hundred and Sixty Dollars ($11,160) shall be made 
available to the Mayor's Advisory Committee on Art and 
Culture of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 1983 
for the purpose of maintaining programming of the gallery 
of School #33. The amount thus made available as a sup- 
plementary special fund appropriation shall be expended 
from a grant of funds to the Mayor and City Council of 
Baltimore by the National Endowment for the Arts, said 
sum being specifically allotted to the Mayor and City Coun- 



ORDINANCES 123 

cil of Baltimore for the aforesaid purpose; and said funds 
from said National Endowment for the Arts shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2 of the 
Baltimore City Charter (1964 Revision as amended). 

SEC. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 14, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 870 
(Council No. 1329) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to that certain parcel of land and improve- 
ments no longer needed for highway or other public use 
located at 1012 East 43rd Street, Baltimore, Maryland. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City 
be and he is hereby authorized to sell at either public or 
private sale in accordance with Article V (Section 5(b)) 
of the City Charter, all of the interest of the Mayor and 
City Council of Baltimore in and to that parcel of land 
situate in Baltimore, Maryland, and described as follows : 

BEGINNING for the same at the point formed by the 
intersection of the west side of The Alameda, 80 feet wide 



124 ORDINANCES Ord. No. 871 

and the northwest side of E. 43rd Street, (formerly Ar- 
lington Avenue) 50 feet wide as opened and widened in 
accordance with Ordinance No. 877 approved November 
17, 1926 by the Mayor and City Council cf Baltimore, 
and running thence binding on the northwest side of said 
E. 43rd Street, South 69°-23'-10" West 33.12 feet to in- 
tersect the third line of the parcel of land conveyed by 
Jesse L. Nicholas and wife to the Mayor and City Coun- 
cil of Baltimore by deed dated August 31, 1932 and re- 
corded among the Land Records of Baltimore City in 
Liber S.C.L. No. 5322 Folio 383 ; thence binding reversely 
on part of the third line of the parcel of land described 
in said deed, to the beginning thereof, Northerly 164.69 
feet; thence binding reversely on part of the second line 
of the parcel of land described in said deed, Easterly 29.35 
feet to intersect the said west side of The Alameda and 
thence binding on the said west side of The Alameda, 
South 06°-58'-25" West 149.38 feet to the place of begin- 
ning. 

Said property being no longer needed for highway or 
other public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith, until the same shall 
have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
will take effect from the date of its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 871 
(Council No. 1385) 

AN ORDINANCE concerning 

PARKING -RESERVED 
SHANNON DRIVE 

FOR the purpose e* OF repealing Ordinance No. 274, approved 
February 16, 1977, which provided for reserved parking on 



ORDINANCES 125 

the west side of Shannon Drive near Sinclair Lane for David 
A. Thompson. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance NO. 274, approved February 16, 
1977, be and the same is hereby repealed. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 872 
(Council No. 1387) 

AN ORDINANCE concerning 

IMPOUNDING AREA -BROADWAY MARKET 

FOR the purpose of adding the area adjacent to the trash com- 
pactor on the rear parking lot of the Broadway Market north 
of Aliceanna Street to the list of impounding areas. 

BY adding 
Article 31 -Transit and Traffic 
Subtitle - Impounding Areas 
Section 102(5) 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 

102. B Streets. 

(5) Broadway Market rear parking lot north of Aliceanna 
Street adjacent to the trash compactor. 



126 ORDINANCES Ord. No. 873 

SECTION 2. And be it further ordained, that the provisions of 
this ordinance shall take effect thirty (30) days from the date of 
its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 873 
(Council No. 1388) 

AN ORDINANCE concerning 

IMPOUNDING AREAS -REPEAL 

FOR the purpose of repealing the impounding areas on both 
sides of Saratoga Street between Greene Street and Pine 
Street. 

BY repealing 
Article 31 -Transit and Traffic 
Subtitle -Impounding Areas 
Section 119(2b) 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance 917 approved November 21, 1978 as 
section 119 (2b) of Article 31 of the Baltimore City Code (1976 
Edition, as amended) is hereby repealed. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect thirty (30) days from the date of its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 






ORDINANCES 127 

No. 874 
(Council No. 1394) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(BALTIMORE BUDGET HOTEL LIMITED PARTNERSHIP 

PROJECT) 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal 
amount not to exceed $8,500,000 pursuant to the provisions of 
Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclusive pur- 
pose of financing the costs of the completion by Baltimore 
Budget Hotel Limited Partnership, a Maryland limited part- 
nership, of a certain project in Baltimore City consisting of (a) 
the acquisition of a .34 acre tract of land located at 24 West 
Franklin Street in Baltimore City, (b) the construction and 
renovation of a building of approximately 100,724 square feet 
on such land (known as the old YMCA building), (c) the acquisi- 
tion and installation in such building of such machinery and 
equipment, and any or all other improvements therein, as may 
be necessary or useful in connection with the operation of a 
hotel business, and (d) the acquisition of such other interests in 
land as may be necessary or suitable for the foregoing, includ- 
ing rights of access, utilities, land for parking, and other 
necessary site preparation facilities, for use as a hotel; 
authorizing the Mayor of the City, on behalf of the City, to 
accept the letter of intent dated November 11, 1982 from 
Baltimore Budget Hotel Limited Partnership to the City; mak- 
ing certain legislative findings; authorizing and empowering the 
Board of Finance of the City, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any series of 
such bonds, to (a) prescribe, among other things but not limited 
to, the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other details of 
such bonds, and (b) do any and all things necessary, proper or ex- 
pedient in connection with the issuance and sale of such bonds; 
providing that Baltimore Budget Hotel Limited Partnership 
shall agree to submit any plans and specifications to, and to 



128 ORDINANCES Ord. No. 874 

coordinate with, the Department of Housing and Community 
Development in connection with the completion of such project; 
providing that such bonds (or bond anticipation notes issued in 
anticipation of the issuance of such bonds) must be issued and 
sold within six months from the date this Ordinance is approved 
by the Mayor, unless the Board of Finance approves one six 
month extension as provided in this Ordinance; authorizing the 
issuance of notes in anticipation of the issuance of such revenue 
bonds; generally providing for and determining various matters 
and details in connection with the issuance and sale of such 
bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 
Mayor and City Council of Baltimore (the "City") to borrow 
money to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations (including 
refunding bonds, notes or other obligations), all of which shall be 
fully negotiable, payable, as to both principal and interest, solely 
from and secured solely by a pledge of (I) the revenues from or 
arising in connection with the property, facilities, developments 
and improvements whose financing is undertaken by the is- 
suance of such bonds, notes or other obligations, (II) the 
revenues from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, (III) the 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obliga- 
tions, or (IV) any combination of (I), (II); or (III). The purposes, 
objects and powers of the City contemplated by the Enabling 
Law include the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated November 11, 
1982 (the "Letter of Intent") from Baltimore Budget Hotel 
Limited Partnership, a Maryland limited partnership (the "Bor- 
rower"), pursuant to which the Borrower has requested the City 
to participate in the financing of the costs of the completion by 
the Borrower of a certain project in Baltimore City, Maryland 
(the "Project"), by issuing and selling the City's industrial 
development revenue bonds in the aggregate principal amount 



ORDINANCES 129 

not to exceed $8,500,000 (the "Bonds"), and by making the pro- 
ceeds of the Bonds available to the Borrower to be used by the 
Borrower for the sole and exclusive purpose of financing the 
costs of the completion of the Project by the Borrower. 

The Project, which is an "undertaking^' which will accomplish 
the purposes, objects and powers of the City as mentioned in the 
Enabling Law,, will consist generally of (a) the acquisition of a 
.34 acre tract of land located at 24 West Franklin Street in 
Baltimore City, (b) the construction and renovation of a building 
of approximately 100,724 square feet on such land (known as the 
old YMCA building), (c) the acquisition and installation in such 
building of such machinery and equipment, and any or all other 
improvements therein, as may be necessary or useful in connec- 
tion with the operation of the Borrower's hotel business, and (d) 
the acquisition of such other interests in land as may be 
necessary or suitable for the foregoing, including rights of ac- 
cess, utilities, land for parking, and other necessary site 
preparation facilities, for use as a hotel. 

The Enabling Law provides that the City may authorize and 
empower the Board of Finance of the City (the "Board") by 
resolution to determine and set forth the form, terms, provi- 
sions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of the Bonds and the is- 
suance and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law in order to make the proceeds thereof 
available to the Borrower for the sole and exclusive purpose of 
financing the costs of completion of the Project will facilitate 
and expedite the completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the 
financing of the costs of such completion as provided in this 
Ordinance will serve to promote the general purposes con- 
templated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting tourism and 
economic development in Baltimore City; (c) encouraging the 



130 ORDINANCES Ord. No. 874 

increase of industry and a balanced economy in Baltimore City; 
and (d) restoring valuable property to the city'o CITY'S assess- 
able base. 

(3) Any and all of the Bonds shall not be general obligations of 
the City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obliga- 
tions of the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of 

(I) the revenues from or arising in connection with the Project, 

(II) the revenues from or arising in connection with any con- 
tracts, mortage a MORTGAGES or other securities purchased or 
otherwise acquired with the proceeds of the Bonds, (III) the con- 
tracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal amount 
not to exceed $8,500,000, subject to the provisions of this Ordi- 
nance. The proceeds of the Bonds, will be made available to the 
Borrower under terms and conditions approved by the Board 
and set forth in a Resolution, and used by the Borrower for the 
sole and exclusive purpose of financing the costs of the comple- 
tion of the Project. 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the present intent of the City to issue the Bonds, and the 
Mayor of the City is hereby authorized to accept the Letter of In- 
tent on behalf of the City in order to further evidence the pres- 
ent intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board is hereby authorized and empowered, 



ORDINANCES 131 

by a resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the Ena- 
bling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing 
statements and closing certificates), under which the proceeds 
of the Bonds will be made available to the Borrower to finance 
the costs of the completion of the Project; and 

(d) do any and all things necessary, proper and expedient in 
connection with the issuance, sale and delivery of the Bonds. 

SEC. 5. And be it further ordained, That any and all of the 
Bonds shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the taxing power 
of the City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, notes or 
other obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 



132 ORDINANCES Ord. No. 874 

SEC. 6. And be it further ordained, That the Borrower shall 
agree that: 

(a) it will submit any plans and specifications for the Project to 
the Department of Housing and Community Development for 
approval, and that the Department of Housing and Community 
Development may refuse approval of any plans and specifica- 
tions for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality site, building, and 
landscape design. 

Sec. 7. And be it further ordained, That any and all of the 
Bonds shall be executed in the name of the City and on its behalf 
e£ BY the Mayor of the City, by his manual or facsimile 
signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City 
or a facsimile thereof shall be impressed or otherwise repro- 
duced thereon and attested by the Custodian of the City Seal, by 
his manual or facsimile signature. Any trust agreement or other 
documents as the Board shall deem necessary to effectuate the 
issuance, sale and delivery of the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of the City 
or a facsimile thereof shall be impressed or otherwise repro- 
duced thereon and attested by the Custodian of the City Seal by 
his manual or facsimile signature. In case any officer whose 
signature or a facsimile of whose signature shall appear on the 
Bonds or any of the aforesaid documents shall cease to be such 
officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile shall 
nevertheless be valid and sufficient for all purposes, the same as 
if such officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custodian of 
the City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and execute 
such documents and certificates as the Board may determine by 
resolution to be necessary to carry out and comply with the pro- 
visions hereof. 

SEC. 8. And be it further ordained, That any and all necessary 
financing statements required for the consummation of the 
transactions authorized by this Ordinance may be executed on 
behalf of the City by the Mayor of the City or by the Chief, 
Bureau of Treasury Management of the City or by such other ap- 



ORDINANCES 133 

propriate official of the City as may be designated by the Mayor 
of the City to execute such financing statements. 

SEC. 9. And be it further ordained, That the authority to issue 
the beftde-BONDS is intended and shall be deemed to include the 
authority to issue bond anticipation notes pursuant to Section 12 
of Article 31 of the Annotated Code of Maryland (1976 Replace- 
ment Volume and 1981 Cumulative Supplement), as amended 
(the "Bond Anticipation Note Enabling Legislation"). Reference 
in this Ordinance to the "Bonds" shall include such bond anticipa- 
tion notes where appropriate. Prior to the issuance, sale and 
delivery of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling 
(including negotiated as well as competitive bid sale), and the 
time or times of issuance, and any and all other details of such 
bond anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the Ena- 
bling kkw LAW, and (iii) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable 
and proper for the security of the holders of such bond anticipa- 
tion notes; 

(c) approve the terms and conditions, incuding INCLUDING 
but not limited to the terms and conditions of any documents to 
be executed and delivered by the City (other than customary 
financing statements and closing certificates), under which the 
proceeds of such bond anticipation notes will be made available 
to the Borrower to finance the costs of the completion of the 
Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of such bond an- 
ticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond anticipa- 
tion notes issued pursuant to this Section of this Ordinance and 
the interest thereon from the proceeds of the Bonds in anticipa- 
tion of the sale of which such notes are issued, and the City 
hereby further covenants to issue such Bonds, as the case may 



134 ORDINANCES Ord. No. 874 

be, when, and as soon as, the reason for deferring the issuance 
of the Bonds no longer exists. The timely issuance of such 
Bonds, however, is dependent upon matters not within the con- 
trol of the City, including (without limitation) the existence of a 
purchaser or purchasers for such Bonds at the time the reason 
for deferring the issuance of the Bonds at the time of the reason 
NO LONGER EXISTS AND THE effectiveness of various ac- 
tions taken by the Borrower, its officers, agents and employees. 

SEC. 10. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereto HEREOF is held illegal, invalid or un- 
constitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicabili- 
ty shall not affect or impair any of the remaining provisions, 
sentences, clauses, sections, or parts of this Ordinance or their 
application to other persons or circumstances. It is hereby 
declared to be the legislative intent that this Ordinance would 
have been passed if such illegal, invalid or unconstitutional pro- 
vision, sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this Or- 
dinance or any part hereof are inapplicable had been specifically 
exempted herefrom. 

SEC. 11. And be it further ordained, That either the Bonds or 
bond anticipation notes issued pursuant to Section 9 of this Or- 
dinance in anticipation of the issuance of the Bonds must be 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City; provided, 
however, that the Board, after a showing of good cause at a 
public hearing held before the Board prior to or after the expira- 
tion of such six month period, may extent EXTEND the period 
during which either the Bonds or such bond anticipation notes 
may be issued and sold for one additional term not to exceed six 
months from the date on which the first six month period ex- 
pired. The Board, in its sole discretion, and without action by the 
City Council, shall determine the sufficiency, or lack thereof, of 
the reasons presented for any requested extension of the six 
month period. If an extension is granted, notice of such exten- 
sion and the reasons therefor must be sent to the City Council. 
To the extent that neither the Bonds nor such bond anticipation 
notes are issued and sold within twelve months from the date on 
which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell 
the Bonds and such bond anticipation notes shall expire. 



ORDINANCES 135 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 875 
(Council No. 1404) 

AN ORDINANCE concerning 

ZONING- APPROVED FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of housing for the elderly on the 
property known as 1001-1029 N, Gilmor Street and 1020-1024 
N. Parrish Street as outlined in red on the plats accompanying 
this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections &£4d 4.8-1D and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is hereby granted for the establish- 
ment, maintenance and operation of housing for the elderly on 
the property known as 1001-1029 N. Gilmor Street and 
1020-1024 N. Parrish Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections 
4.8-ld and 11.0 6 c 11.0-6D of Article 30 of the Baltimore City 
Code (1976 Edition, as amended) title "Zoning". 

SEC. 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of 
the plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Direc- 
tor of Finance shall then transmit a copy of the ordinance and 
one of the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commissioner of 



136 ORDINANCES Ord. No. 876 

the Department of Housing and Community Development and 
the Zoning Administrator. 

SEC. 3. And be it further ordained, That this Ordinance shall 
take effect thirty days from the date of its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 876 
(Council No. 1412) 

AN ORDINANCE concerning 

PARKING -RESERVED 
CARROLLTON AVENUE 

FOR the purpose of providing for reserved parking on 
Carrollton Avenue near Mosher Street for Vivian Oxford 
OFFORD. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the west side of Carrollton Avenue from a 
point 62 feet south of Mosher Street to 84 feet south of Mosher 
Street, parking is reserved for Vivian Oxford OFFORD. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect upon the date of its passage. 

Approved January 21, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 137 

No. 877 
(Council No. 1386) 

AN ORDINANCE concerning 

IMPOUNDING AREAS -HARBOR CITY BOULEVARD 

FOR the purpose of adding both sides of Harbor City Boulevard 
between Washington Boulevard to Howard Street to the list 
of impounding areas. 

BY adding 
Article 31 -Transit and Traffic 
Subtitle -Impounding Areas 
Section 108(3/4) 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 
108. H Streets. 

(3ll>) Harbor City Boulevard, both sides, from Washington 
Boulevard to Howard Street. 

SEC. 2. And be it further ordained, That the provisions of this 
ordinance shall take effect thirty (30) days from the date of its 
passage. 

Approved January 24, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 878 

(Council No. 1389) 

AN ORDINANCE concerning 

IMPOUNDING AREAS -KEY HIGHWAY 

FOR the purpose of adding the south side of Key Highway be- 
tween Battery Avenue and Covington Street and the north 
side of Key Highway between Light Street and Covington 
Street to the list of impounding areas. 



138 ORDINANCES Ord. No. 879 

BY adding 
Article 31 -Transit and Traffic 
Subtitle -Impounding Areas 
Section 111(1) 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 

111. K Streets. 

(1) Key Highway, northmdofrom S OUTH SIDE FROM LIGHT 
TO WILLIAM AND Battery Avenue to Covington Street and 
mutkrNORTH side from Light Street to Covington Street. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect thirty (30) days from the date of its passage. 

Approved January 24, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 879 
(Council No. 1351) 

AN ORDINANCE concerning 

ZONING CODE— THEATRES 

FOR the purpose of deleting theatres from the list of per- 
mitted uses in the B-2 through B-5 Districts and instead 
making them conditional uses in those Districts. 

BY repealing 

Article 30 — Zoning Code 

Chapter 6 — Business Districts 

Section 6.2-lb-89 

Baltimore City Code (1976 Edition, as amended) 



ORDINANCES 139 

BY adding to 

Article 30 — Zoning Code 

Chapter 6 — Business Districts 

Section 6.2-lc-6a 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed, or amended, 
to read as follows : 

ARTICLE 30— ZONING CODE 
Chapter 6 — Business Districts 
6.2. B-2 Community Business District 

b. Permitted Uses 

£89. Theatres] 

c. Conditional Uses 

6a. Theatres 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty clays from the date of its passage. 

Approved January 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 880 
(Council No. 958) 

AN ORDINANCE concerning 

EMPLOYEES' RETIREMENT SYSTEM 
PENSION SYSTEM INVESTMENTS 

FOR the purpose of permitting the Board of Trustees of 
the Employees' Retirement System to invest certain cash 
funds in short term investment funds and to lend to 
others securities owned by the system. 



140 ORDINANCES Ord. No. 880 

BY repealing 

Article 22 — Retirement Systems 

Subtitle — Employees' Retirement System 

Section 7 (a) (11) 

Baltimore City Code (1976 Edition, as amended) 

BY adding 

Article 22 — Retirement Systems 

Subtitle — Employees' Retirement System 

Section 7 (a) (11) and (12) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code, 
(1976 Edition, as amended) , be added, repealed, or amended 
to read as follows: 

Article 22 — Retirement Systems 
Employees' Retirement System 

7. Management of Funds. 

. (a) Trustee of Funds. The Board of Trustees shall be 
the trustees of the several funds of the Employees' Retire- 
ment System of Baltimore created by Article 22 under this 
subtitle as provided in Section 8. The Board of Trustees 
shall have the power to invest and reinvest such f"nds in 
the following types or classes of assets subject to the lim- 
itations, if any, as set forth with regard to eacii type or 
class of investment. 

[(11) Short Term Investment Funds, of which the 
designated custodian of the assets of the Employees' Retire- 
ment System is manager and /or trustee, invested or re- 
invested as a part of the commingled fund in bonds, notes 
or other evidences of indebtedness which are payable on 
demand (including variable amount notes) or which have 
a maturity date not exceeding ninety-one days from the 
date of purchase; provided, however, that the Trustees of 
the Retirement System may invest and reinvest up to, but 
not more than, 20^ of any eligible funds at any time form- 
ing any part of the commingled fund in bonds, notes or 
other evidences of indebtedness having a maturity date 
exceeding ninety-one days from the date of purchase; and 
further provided that the investment in such short term 



ORDINANCES 141 

investment funds shall be limited to the uninvested cash 
reserves temporarily held by the custodian.] 

(11) Short Term Investment Funds established, oper- 
ated and maintained by the contract custodian of the assets 
of the Employees' Retirement System, for the collective 
investment and re-investment of funds received and held 
by it as Trustee, Co-Trustee, or in any other fiduciary 
capacity described in Subtitle 5 of Title 3 of the Financial 
Institutions Article of the Annotated Code of Maryland 
(1980 Volume), or any amendment, supplement, or suc- 
cessor thereto or recodification thereof, which Short Term 
Investment Fund has been qualified under the provisions 
of Section h01(a) and exempt from Federal income tax- 
ation under Section 501(a) of the Internal Revenue Code 
of 195 U, as amended, and which is used as a temporary 
investment/ cash management vehicle; provided that invest- 
ment in such Short Term Investment Fund may be made 
from uninvested cash reserves held by the contract cus- 
todian, or from funds designated by the Investment Mayi- 
agers of the Employees' Retirement System funds. In con- 
nection with the participation of the Employees' Retirement 
System in such Short Term Investment Fund, where re- 
quired by law or the terms of the Short Term Investment 
Fund, the Declaration of Trust establishing such Short 
Term Investment Fund is hereby adopted and made a part 
of the Employees' Retirement System to the extent such 
instniment does not violate the Internal Revenue Code or 
other applicable law and does not affect the tax qualifica- 
tion of the Employees' Retirement System, and any funds 
of such System invested in the Short Term Investment 
Fund shall be subject to all the provisions thereof, as the 
same may be amended from time to time. 

(12) Asset Lending of securities which are under the 
custody of the contract custodian of the assets of the Em- 
ployees' Retirement System, provided that: (i) such secur- 
ities are loaned in accordance with the procedures set forth 
in the Department of Labor Prohibited Transaction Ex- 
emption 81-6 Ruling (PTE 81-6), or applicable successor 
regidations; (ii) the Board of Trustees shall approve or 
authorize the designated Investment Managers to approve 
the securities to be loaned} , the brokers to whom such se- 
curities are loaned} , and the collateral to secure assets 



142 ORDINANCES Ord. No. 881 

loaned; and provided further, that before any such assets 
are loaned, the Board of Trustees and the Director of Fi- 
nance shall, pursuant to PTE 81-6 procedures enter into 
a master loan agreement with the contract custodian setting 
forth the procedures to be followed; the broker to ivhom 
such securities will be loaned; collateral arrangements; 
fees; and other applicable provisions; and such master loan 
agreement shall be approved prior to execution by the 
Board of Trustees, by the Director of Finance as the desig- 
nated custodian of the assets of the Employees' Retirement 
System, by the City Solicitor and the Board of Estimates; 
PROVIDED, HOWEVER, THAT THE MARKET VALUE 
OF SECURITIES LOANED SHALL NOT EXCEED 
TWENTY-FIVE PERCENT (25 c /c) OF THE TOTAL 
MARKET VALUE OF ALL ASSETS OF THE EMPLOY- 
EES' RETIREMENT SYSTEM ON ANY DAY. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 881 
(Council No. 959) 

AN ORDINANCE concerning 

FIRE AND POLICE EMPLOYEES' RETIREMENT 
SYSTEM PENSION SYSTEM INVESTMENTS 

FOR the purpose of permitting the Board of Trustees of 
the Fire and Police Employees' Retirement System to 

. invest certain cash funds in short term investment funds 
and to lend to others securities owned by the system. 

BY repealing 

Article 22 — Retirement Systems 

Subtitle — Fire and Police Employees 

Section 35 (a) (11) 

Baltimore City Code (1976 Edition, as amended) 



ORDINANCES 143 

BY adding 

Article 22 — Retirement Systems 

Subtitle — Fire and Police Employees 

Section 35 (a) (11) and (12) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code, 
(1976 Edition, as amended), be added, repealed, or amended 
to read as follows : 

Article 22 — Retirement Systems 

Fire and Police Employees 

35. Management of Funds. 

(a) Trustee of Funds. The Board of Trustees shall be 
the trustees of the several funds of the Fire and Police 
Employees' Retirement System of Baltimore created by 
Article 22 under this subtitle as provided in Section 36. 
The Board of Trustees shall have the power to invest and 
reinvest such funds in the following type or classes of assets 
subject to the limitation, if any, as set forth with regard 
to each type or class of investment. 

[(11) Short Term Investment Funds, of which the 
designated custodian of the assets of the Fire and Police 
Employees' Retirement System is manager and/or trustee, 
invested or reinvested as a part of the commingled fund 
in bonds, notes or other evidences of indebtedness which 
are payable on demand (including variable amount notes) 
or which have a maturity date not exceeding ninety-one 
days from the date of purchase; provided, however, that 
the Trustees of the Retirement System may invest and re- 
invest up to, but not more than, 20% of any eligible funds 
at any time forming any part of the commingled fund in 
bonds, notes or other evidences of indebtedness having a 
maturity date exceeding ninety-one days from the date of 
purchase; and further provided that the investment in 
such short term investment funds shall be limited to the un- 
invested cash reserves temporarily held by the custodian.] 

(11) Short Term Investment Funds established, oper- 
ated and maintained by the contract custodian of the assets 
of the Fire and Police Employees' Retirement System, for 
the collective investment and re-investment of funds re- 



144 ORDINANCES Ord. No. 881 

ceived and held by it as Trustee, Co-Trustee, or in any 
other fiduciary capacity described in Subtitle 5 of Title 3 
of the Financial Institutions Article of the Annotated Code 
of Maryland (1980 Volume), or any amendment, supple- 
ment, or successor thereto or recodification thereof, which 
Short Term Investment Fund has been qualified under the 
provisions of Section 401(a) and exempt from Federal 
income taxation under Section 501(a) of the Internal Reve- 
nue Code of 1954, as amended, and which is used as a 
temporary investment/ cash management vehicle; provided 
that investment in such Short Term Investment Fund may 
be made from uninvested cash reserves held by the contract 
custodian, or from funds designated by the Investment 
Managers of the Fire and Police Employees' Retirement 
System funds. In connection with the participation of 
the Fire and Police Employees' Retirement System in such 
Short Term Investment Fund, where required by law or 
the terms of the Short Term Investment Fund, the Decla- 
ration of Trust establishing such Short Term Investment 
Fund is hereby adopted and made a part of the Fire and 
Police Employees' Retirement System to the extent such 
instrument does not violate the Internal Revenue Code or 
other applicable law and does not affect the tax qualification 
of the Fire and Police Employees' Retirement System, and 
any fimds of such System invested in the Short Term In- 
vestment Fund shall be subject to all the provisions thereof, 
as the same may be amended from time to time. 

(12) Asset Lending of securities which are under the 
custody of the contract custodian of the assets of the Fire 
and Police Employees' Retirement System, provided that: 
(i) such securities are loaned in accordance with the pro- 
cedures set forth in the Department of Labor Prohibited 
Transaction Exemption 81-6 Ruling (PTE 81-6), or appli- 
cable successor regulations; (ii) the Board of Trustees 
shall approve or authorize the designated Investment Man- 
agers to approve the securities to be loanedj- , the brokers 
'to whom such securities are loanedi , and the collateral to 
secure assets loaned; and provided, further, that before 
any such assets are loaned, the Board of Trustees and the 
Director of Finance shall, pursuant to PTE 81-6 proce- 
dures enter into a master loan agreement ivith the contract 
custodian setting forth the procedures to be followed; the 
broker to whom such securities will be loaned; collateral 



ORDINANCES 145 

arrangements; fees; and other applicable provisions; and 
such master loan agreement shall be approved prior to 
execution by the Board of Trustees, by the Director of Fi- 
nance as the designated custodian of the assets of the Fire 
and Police Employees' Retirement System, by the City 
Solicitor and the Board of Estimates; PROVIDED, HOW- 
EVER, THAT THE MARKET VALUE OF SECURITIES 
LOANED SHALL JSfOT EXCEED TWENTY-FIVE 
PERCENT (25%) OF THE TOTAL MARKET VALUE 
OF ALL ASSETS OF THE FIRE AND POLICE EM- 
PLOYEES' RETIREMENT SYSTEM ON ANY DAY. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 882 
(Council No. 1365) 

AN ORDINANCE concerning 

COIN-OPERATED AMUSEMENT DEVICES 

FOR the purpose of requiring the licenses for coin-operated 
amusement devices to be posted on the premises where 
such machines are located rather than affixed to such 
machines. 

BY amending 

Article 15 — Licenses 

Subtitle — Pinball Machines and Other Devices 

Section 91(d) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed, or amended 
to read as follows : 



146 ORDINANCES Ord. No. 883 

ARTICLE 15— LICENSES 

Pinball Machines and Other Devices 

91. Licenses. 

(d) Metal tags. Each device licensed as required by 
this section shall have [affixed to it at all times] a metal 
tag or other indicia, as prescribed and issued by the Direc- 
tor of Finance, showing that the license fee for such device 
has been paid, and such metal tag or other indicia shall be 
[securely attached] posted on the premises, by the legal 
entity who is required to secure a license for such device 
as prescribed by subsection (a) hereof, [to the device for 
which it was issued. Provided, that the provisions of this 
subsection (d) shall not apply to any duly licensed amuse- 
ment arcade as set forth in subsection (b) hereof, and in 
lieu thereof, the Director of Finance shall issue a certifi- 
cate for any such amusement arcade, and said certificate 
shall be publicly displayed at all times in a prominent place 
within such arcade.] 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect January 1, 1983. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 883 
(Council No. 1419) 

AN ORDINANCE concerning 

PARKING-RESERVED 
CHASE STREET 

FOR the purpose of repealing Ordinance No. 303, approved May 
21, 1981, rescinding reserved parking on the north side of 
Chase Street near Morton Street for Heidi Bodenheimer. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance 303, approved May 21, 1981, be and 
the same is hereby repealed. 



ORDINANCES 147 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 884 
(Council No. 1420) 

AN ORDINANCE concerning 

RESERVED PARKING -REPEAL 
HOPKINS PLACE 

FOR the purpose of repealing Ordinance No. 604, approved May 
10, 1974, rescinding the reserved parking space on the west 
side of Hopkins Place (West Drive) near Lombard Street. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance No. 604, approved May 10, 1974, be 
and the same is hereby repealed and the reserved parking on the 
west side of Hopkins Place near Lombard Street therein pro- 
vided is hereby rescinded. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 885 
(Council No. 1421) 

AN ORDINANCE concerning 

PARKING - RESERVED 
POULTNEY STREET 

FOR the purpose of providing for reserved parking on Poultney 
Street near Light Street for Lloyd King displaying permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the north side of Poultney Street from a 



148 ORDINANCES Ord. No. 886 

point 137' west of Light Street to a point 159' west of Light 
Street, parking is reserved for Lloyd King displaying permit. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 886 
(Council No. 1442) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE 
BONDS -AIR PRODUCTS AND CHEMICALS, INC. 

FOR the purpose of authorizing and empowering the Mayor and 
the City Council of Baltimore to issue, sell and deliver, pur- 
suant to the provisions of Subsection (50) of Article II of the 
Charter of Baltimore City (1964 Revision), at any time, its In- 
dustrial Development Revenue Bonds, designated "Mayor and 
City Council of Baltimore Industrial Development Revenue 
Bonds (Air Products and Chemicals, Inc. Project), 1983 
Series A", in an aggregate principal amount not to exceed 
$1,000,000, in order to loan the proceeds thereof to Air Prod- 
ucts and Chemicals, Inc., a Delaware corporation, for the 
sole and exclusive purpose of financing the acquisition and 
construction of a certain industrial project in Baltimore City, 
consisting of a steam hydrocarbon reforming plant which will 
convert propane into hydrogen and carbon monoxide and will 
have a shift converter to convert carbon monoxide into water 
and carbon dioxide, including related equipment and im- 
provements, to be constructed and installed at the site of the 
plant of FMC Corporation located on Patapsco Avenue in the 
Curtis Bay Section of Baltimore City; authorizing the Mayor 
of the City to accept, on behalf of the City, the Borrower's let- 
ter of intent to the City dated March 24, 1980; making certain 
legislative findings, among others, concerning the public 
benefit and purpose of such bonds; authorizing the private 
(negotiated) sale of such bonds; authorizing and empowering 
the Board of Finance of the City, prior to the issuance, sale 



ORDINANCES 149 

and delivery of any such bonds, to adopt a resolution pursuant 
to which the Board may specify, prescribe, determine, provide 
for and approve certain matters, details, documents and pro- 
cedures in connection with the authorization, issuance, sale 
and payment for such bonds; and generally providing for and 
determining various matters and details in connection with 
the authorization, issuance, security, sale and payment of such 
bonds. 

RECITALS 

Subsection (50) -Revenue Bonds and Obligations -of Arti- 
cle II of the Charter of Baltimore City, 1964 Revision, as amend- 
ed (the "Act") empowers the Mayor and City Council of 
Baltimore (the "City") to borrow money through the issuance 
and sale of its revenue bonds for the accomplishment of any of 
the purposes, objects and powers of the City. Revenue bonds 
issued pursuant to the Act shall be payable, as to both principal 
and interest, solely from and secured solely by (i) the revenue 
from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken 
by issuance of the bonds, (ii) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the bonds, (iii) 
the contracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of the bonds, or (iv) any com- 
bination of (i) (ii) or (iii). The Act authorizes the City to authorize 
and empower the Commissioners of Finance (now designated 
"Board of Finance") of the City by resolution: (i) to determine 
and set forth certain matters pertaining to the bonds, including 
but not limited to, the form, terms, provisions, manner or 
method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any 
and all other details of any such bonds, and the issuance and sale 
thereof; and (ii) to do any and all things necessary, proper or ex- 
pedient in connection with the issuance and sale of such bonds 
authorized to be issued under the Act. 

The City received a letter of intent dated March 24, 1980 (the 
"Letter of Intent") from Air Products and Chemicals, Inc., a 
Delaware corporation (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in the financing 
of the acquisition and construction by the Borrower of an in- 
dustrial project, to be located in the City (the "Project"), by the 
issuance and sale by the City of its Industrial Development 



150 ORDINANCES Ord. No. 886 

Revenue Bonds (Air Products and Chemicals, Inc. Project), 1983 
Series A, in an aggregate principal amount not to exceed 
$1,000,000 (the "Bonds"), by loaning the proceeds of such Bonds 
to the Borrower upon the terms and conditions set forth in a 
loan agreement (the "Loan Agreement") to be entered into be- 
tween the City and Borrower (such loan being herein referred to 
as the "Loan"). 

The Project referred to herein consists of a steam hydrocar- 
bon reforming plant which will convert propane into hydrogen 
and carbon monoxide and will have a shift converter to convert 
carbon monoxide into water and carbon dioxide, includes related 
equipment and improvements, and will be constructed and in- 
stalled at the site of the plant of FMC Corporation located on 
Patapsco Avenue in the Curtis Bay Section of the City. 

The Loan Agreement will require the Borrower (i) to use the 
proceeds of the Bonds solely to finance the acquisition and conr 
struction of the Project, and (ii) to make Loan payments which 
will be sufficient to enable the City to pay the principal of, 
premium, if any, and interest on the Bonds when and as the 
same shall become due and payable. The proceeds of the Bonds 
shall be used solely to pay costs of acquisition and construction 
of the Project, to pay financing costs and to pay interest on the 
Bonds during acquisition and construction of the Project. 

As security for the Bonds, the City will enter into a Trust In- 
denture (the "Indenture") with Mellon Bank, N.A. or such other 
bank as may be designated by the Borrower (the "Trustee"). Pur- 
suant to the Indenture, the City will assign to the Trustee, its 
successors and assigns (i) all of the City's right, title and in- 
terest in and to any remedies under the Loan Agreement, 
excepting only the rights of the City to indemnification by the 
Borrower and to payments to the City for expenses incurred by 
the City itself, (ii) the receipts and revenues of the City from the 
Loan, and (iii) certain moneys which are at any time or from 
time to time on deposit with the Trustee. 

The Loan Agreement, the Indenture and other agreements to 
be executed and delivered by the City in connection with the is- 
suance and sale of the Bonds shall be approved by the Board of 
Finance of the City (the "Board") by a resolution (the "Resolu- 
tion") to be adopted by the Board prior to the issuance, sale and 
delivery of any of the Bonds. 



ORDINANCES 151 

The Bonds will be sold by private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE ACT: 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That acting pursuant to Subsection (50) of Article II 
of the Act, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City in order to 
lend the proceeds thereof to the Borrower for the sole and ex- 
clusive purpose of financing the acquisition and construction by 
the Borrower of the Project will facilitate and expedite the ac- 
quisition and construction of the Project by the Borrower. 

(2) The acquisition and construction of the Project by the Bor- 
rower and the financing thereof as provided in this Ordinance 
will (i) create jobs and employment, thus relieving conditions of 
unemployment in the City; (ii) encourage the increase of in- 
dustry and the creation of a balanced economy in the City; (iii) 
assist in the retention of existing industry in the City; (iv) pro- 
mote economic development; and (v) thereby promote the pur- 
poses, objects and powers of the City. 

(3) It is in the best interests of the citizens of the City to 
finance the acquisition and construction of the Project by a loan 
to the Borrower. This Ordinance contemplates and authorizes a 
transaction in the form of a loan of the proceeds of the Bonds by 
the City to the Borrower, rather than a transaction in the form 
of a lease or sale of the Project. Accordingly, this Ordinance, 
together with the Resolution, the Indenture and the Loan 
Agreement authorized hereby, and other documents referred to 
herein, contain, or shall contain, such provisions as the City 
deems appropriate to effect the financing of the acquisition and 
construction by the Borrower of the Project by the loan form of 
transaction. 

(4) The Bonds shall not constitute obligations of the City and 
shall not be a pledge of or involve the faith and credit or the tax- 
ing power of the City and shall not constitute a debt of the City, 
all within the meaning of Section 7 of Article XI of the Constitu- 
tion of Maryland or within the meaning of any other constitu- 
tional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. 
The Bonds and the interest thereon shall be limited obligations 
of the City, repayable by the City solely from the revenue de- 
rived from Loan repayments (both principal and interest) made 
to the City by the Borrower on account of the Loan and from any 



152 ORDINANCES Ord. No. 886 

other moneys held and pledged therefor under the Indenture. 
The proceeds of the Bonds will be paid directly to the Trustee to 
be held and disbursed by the Trustee as provided in the Inden- 
ture. Payments of the receipts and revenues of the City from the 
Loan will be paid by the Borrower directly to the Trustee to be 
used and applied for the payment of the principal of, premium, if 
any, and interest on the Bonds, as provided in the Indenture. No 
such moneys will be commingled with the City's funds or will be 
subject to the absolute control of the City, but will be subject 
only to such limited supervision and checks as are deemed 
necessary or desirable by the City to insure that the proceeds of 
the Bonds are used to accomplish the public purposes of the Act 
and this Ordinance. 

(5) The City will acquire no interest in the Project. The 
security for the Bonds shall be solely and exclusively the ab- 
solute, irrevocable and unconditional obligations of the Bor- 
rower to make the payments required by the Loan Agreement. 

(6) The best interests of the City will be served by selling the 
Bonds by private (negotiated) sale upon terms and conditions ap- 
proved by the Board. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue, sell and deliver, at any time 
or from time to time, the Bonds in an aggregate principal 
amount not to exceed $1,000,000 subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be loaned to the Bor- 
rower pursuant to the terms and provisions of the Loan Agree- 
ment, to be used by the Borrower for the sole and exclusive pur- 
pose of financing the acquisition and construction of the Project, 
including payment of necessary financing expenses and interest 
on the Bonds during construction. 

SEC. 3. And be it further ordained, That the Mayor of the City 
is hereby authorized and directed to accept the Letter of Intent 
on behalf of the City in order tc further evidence the binding 
commitment of the City to issue, sell and deliver the Bonds in ac- 
cordance with the terms and provisions of this Ordinance. This 
Ordinance is intended to be, and shall constitute, a binding and 
enforceable commitment by the City to the Borrower to issue 
and deliver the Bonds authorized hereby in accordance with the 
terms hereof; however, the City can make no assurances as to 
the availability of a ready, willing and able purchaser of the 
Bonds, and the City will have no obligation to find a purchaser 
for the Bonds. 



ORDINANCES 153 

SEC. 4. And be it further ordained, That each of the Bonds 
shall bear the descriptive title "Mayor and City Council of 
Baltimore Industrial Development Revenue Bond (Air Products 
and Chemicals, Inc. Project), 1983 Series A." The Bonds shall be 
issued as coupon Bonds, registrable as to principal only, in the 
denomination of $5,000 each, numbered A-l consecutively up- 
ward (but only if permitted by the applicable provisions of the In- 
ternal Revenue Code of 1954, as amended), and as registered 
Bonds without coupons in the denomination of $5,000 or any 
multiple thereof numbered AR-1 consecutively upward. Coupon 
Bonds (if any) and registered Bonds shall be interchangeable. 
The Bonds shall be payable as to principal, premium, if any, and 
interest at the principal corporate trust office of the Trustee, 
shall bear interest from their date at a rate not in excess of 13% 
per annum as may be prescribed by the Board in the Resolution, 
payable semiannually or more frequently as the purchaser may 
require, shall be subject to optional or mandatory redemption on 
such terms as may be prescribed by the Board in the Resolution, 
and shall mature not later than 20 years after their date as 
prescribed by the Board in the Resolution. 

SEC. 5. And be it further ordained, That the definitive Bonds, 
which may be engraved, printed or typewritten, shall be 
substantially in the following basic form with such appropriate 
variations, omissions, insertions and additional provisions (in- 
cluding, without limitation, appropriate revisions for Bonds in 
coupon form, if any, or deletions to take account of the absence 
of Bonds in coupon form) as the Board may approve in the 
Resolution: 

[Number] $ 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

(Maryland) 

% Industrial Development Revenue Bond 

(Air Products and Chemicals, Inc. Project) 
1983 Series A 

The Mayor and City Council of Baltimore (the "Issuer"), a body 
politic and corporate and a political subdivision of the State of 
Maryland, for value received, hereby promises to pay (but only 

out of the sources hereinafter described) to , or 

registered assigns, on , upon surrender hereof, the 

principal sum of ($ ) and to pay interest on 



154 ORDINANCES Ord. No. 886 

the unpaid principal balance hereof (but only out of the sources 
hereinafter described) from the date hereof until maturity or, if 
this bond shall have been duly called for earlier redemption and 
payment of the redemption price shall have been made or provid- 
ed for, until the date fixed for redemption hereof, at the rate of 

percent ( %), per annum, payable semiannually on the 

first days of and commencing The 

principal hereof is payable at the principal corporate trust office 

of (the "Trustee"), in , or of its successor as 

Trustee appointed under the Indenture hereinafter mentioned. 
The interest hereon is payable by check or draft drawn on the 
Trustee and mailed to the owner hereof at his address as it ap- 
pears on the registry books maintained by the Trustee. Both 
principal and interest are payable in any coin or currency of the 
United States of America which, at the respective times of pay- 
ment, is legal tender for the payment of public and private debts. 

The interest so payable or any 1 or 1 will, subject to 

certain exceptions provided in the Indenture hereinafter de- 
fined, be paid to the person in whose name this bond (or bond in 
exchange or substitution for which this bond was issued) was 
registered at the close of business on the fifteenth day of the 

calendar month preceding such 1 or 1. This bond is one 

of an authorized issue of bonds of the Issuer issued under and 
secured by said Indenture. 

This bond is one of a series of bonds, aggregating 



($ ) principal amount, described in and secured by a 

Trust Indenture (the "Indenture"), dated as of , 1983, duly 

executed and delivered by the Issuer and the Trustee, and 
therein designated as "Mayor and City Council of Baltimore 
Industrial Development Revenue Bonds (Air Products and 
Chemicals, Inc. Project), 1983 Series A" (the "Bonds"). The 
Bonds are issued under, and secured by, the Indenture, pursuant 
to Subsection (50) of Article II of the Charter of Baltimore City 
(1964 Revision, as amended) (herein called the "Act"), and by vir- 
tue of Ordinance No. duly passed by the City Council on 

, 1983 and approved by the Mayor on , 1983, 

and a Resolution duly adopted by the Board of Finance on 

, 1983, for the purpose of providing funds to be loaned 

to Air Products and Chemicals, Inc., a Delaware corporation 
(the "Corporation"), to defray a portion of the cost of acquiring, 
constructing and installing a project consisting of a steam 
hydrocarbon reforming plant (the "Project") within the cor- 
porate limits of the Issuer. 



ORDINANCES 155 

The Bonds are equally and ratably secured, to the extent pro- 
vided in the Indenture, by the pledge thereunder of the 
"Revenues," which term is used herein as defined in the Inden- 
ture and which as therein defined includes all moneys (other 
than payments to the Issuer for costs and other expenses in- 
curred in connection with the Bonds or the Facilities) payable by 
the Corporation to the Issuer under the Loan Agreement be- 
tween the Issuer and the Corporation dated as of , 

1983, as the same may be amended or supplemented from time 
to time (the "Loan Agreement"). 

Reference is hereby made to the Indenture, an executed 
counterpart of which is on file with the Trustee, and to all inden- 
tures supplemental thereto and amendatory thereof for a full 
and complete statement of the provisions with respect to the 
custody and application of the proceeds of the Bonds, the collec- 
tion and disposition of the Revenues pledged as security for the 
payment of the Bonds and interest thereon, the nature and ex- 
tent of the security and the rights of the holders of the Bonds 
and coupons in respect thereto, the terms and conditions on 
which, and the purposes for which, Bonds are issued and the 
rights, duties and obligations of the Issuer and the Trustee 
thereunder, to all of which the holder hereof, by acceptance of 
this bond, assents. 

To the extent permitted by and as provided in the Indenture, 
modifications or alterations of the Indenture, or of any inden- 
ture supplemental thereto or amendatory thereof, and of the 
rights and obligations of the Issuer and of the holders of the 
Bonds and coupons may be made with the consent of the 
Trustee, but any modification or alteration which shall material- 
ly adversely affect the interests of the holders of the Bonds may 
be made only with the consent of the holders of not less than 
sixty-six and two-thirds percent (66 2/3%) in principal amount of 
the Bonds then outstanding under the Indenture. No such modifi- 
cation or alteration shall be made which will reduce the percent- 
age of Bonds the consent of the holders of which is required for 
any such modification or alteration, or permit the creation by 
the Issuer of any lien prior to or on a parity with the lien of the 
Indenture upon the Revenues, or which will affect the terms of 
payment of the principal of, premium (if any), or the interest on 
the Bonds or which will affect the rights of the holders of less 
than all of the Bonds. Any such consent by the registered owner 
of this bond shall be conclusive and binding upon such owner and 



156 ORDINANCES Ord. No. 886 

all future holders and owners hereof irrespective of whether or 
not any notation of such consent is made upon this bond. 

THE BONDS ARE LIMITED OBLIGATIONS OF THE 
ISSUER, WHICH IS OBLIGATED TO PAY THE PRINCIPAL 
OF, PREMIUM (IF ANY) AND INTEREST ON THE BONDS 
ONLY OUT OF THE REVENUES AND OTHER MONEYS 
HELD AND PLEDGED THEREFOR UNDER THE INDEN- 
TURE. BY THE TERMS OF THE ACT, THE PRINCIPAL OF, 
PREMIUM (IF ANY) AND INTEREST ON THE BONDS, DO 
NOT, AND SHALL NOT EVER, BE GENERAL OBLIGA- 
TIONS OF THE ISSUER OR BE A PLEDGE OF OR IN- 
VOLVE THE FAITH AND CREDIT OF THE ISSUER OR 
CONSTITUTE A DEBT OF THE ISSUER WITHIN THE 
MEANING OF ANY CONSTITUTIONAL, STATUTORY OR 
CHARTER PROVISION LIMITING OR RESTRICTING THE 
SALE OR ISSUANCE OF BONDS, NOTES OR OTHER 
OBLIGATIONS OF THE ISSUER. 

The Bonds are issuable in the form of coupon Bonds, 
registrable as to principal only, in the denomination of $5,000 
and in the form of registered Bonds without coupons in the 
denomination of $5,000 or any multiple thereof. 

The Bonds in coupon form, upon surrender thereof at the prin- 
cipal corporate trust office of the Trustee with all unmatured 
coupons, may, at the option of the holder thereof, be exchanged 
for an equal aggregate principal amount of registered Bonds 
without coupons, in any authorized denominations and 
registered in such name or names as may be requested, upon 
payment of any tax or other governmental charge required to be 
paid with respect to such exchange, and in the manner and sub- 
ject to the conditions provided in the Indenture. In like manner, 
upon payment of any required tax or other governmental charge 
and subject to such conditions, registered Bonds without 
coupons, upon the surrender thereof at the principal corporate 
trust office of the Trustee with a written instrument of transfer 
satisfactory to the Trustee, duly executed by the registered 
owner or his duly authorized attorney, may, at the option of the 
registered owner thereof, be for an equal aggregate principal 
amount of Bonds in coupon form with appropriate coupons at- 
tached, or of registered Bonds without coupons, in any author- 
ized denominations and registered in such name or names as 
may be requested. 



ORDINANCES 157 

In the manner and with the effect provided in the Indenture, 
the Bonds are subject to redemption prior to maturity as 
follows: 

[Insert redemption provisions to be approved by the Board in 
the Resolution.] 

If less than all the Bonds shall be called for redemption, the 
particular Bonds or portions of registered Bonds without 
coupons to be redeemed shall be selected by the Trustee in the 
manner specified in the Indenture. Any such redemption, either 
in whole or in part, shall be made upon at least thirty (30) days' 
prior notice in the manner and upon the terms and conditions 
provided in the Indenture. If this bond shall have been duly 
called for redemption and payment of the redemption price, 
together with unpaid interest accrued to the date fixed for 
redemption, shall have been made or provided for, all as more 
fully set forth in the Indenture, interest on this bond shall cease 
to accrue from the date fixed for redemption, and from and after 
such date this bond shall no longer be entitled to any lien, benefit 
or security under the Indenture, and the holder hereof shall have 
no rights in respect of this bond except to receive payment of such 
redemption price and unpaid interest accrued to the date fixed 
for redemption. 

In case an "Event of Default," as defined in the Indenture, 
shall occur, the principal of all outstanding Bonds may be 
declared due and payable. Upon the curing of any such default, 
the default may be waived and any resulting acceleration of 
maturity rescinded by the Trustee, which waiver and rescission 
shall be binding upon all holders of the Bonds; provided, 
however, that if such acceleration was requested by the holders 
or owners of fifty percent (50%) in principal amount of the 
Bonds, such waiver and rescission must be consented to by the 
holders or owners of a majority in principal amount of the Bonds 
then outstanding, and such consent shall be binding upon the 
Trustee and upon all holders or owners of the Bonds. 

The owner of this bond shall have no right to enforce the provi- 
sions of the Indenture, or to institute action to enforce the 
covenants therein, or to take any action with respect to any 
default under the Indenture, or to institute, appear in or defend 
any suit or other proceeding with respect thereto, except as pro- 
vided in the Indenture and by the Act. 



158 ORDINANCES Ord. No. 886 

This bond shall be transferrable by the registered owner 
hereof on the books of the Issuer to be kept for that purpose at 
the principal corporate trust office of the Trustee, upon sur- 
render hereof for cancellation and upon presentation of a writ- 
ten instrument of transfer duly executed, and thereupon the 
Issuer shall issue and the Trustee shall authenticate and deliver 
to the transferee a new bond or bonds in authorized form and de- 
nomination or denominations of like aggregate principal 
amount. Transfers shall be without charge to the registered 
owner hereof, but any taxes or other governmental charges re- 
quired to be paid with respect to the same shall be paid by the 
owner requesting such transfer as a condition precedent to the 
exercise of such privilege. 

The Issuer and the Trustee may deem and treat the person in 
whose name this bond is registered as the absolute owner hereof 
for all purposes, and neither the Issuer nor the Trustee shall be 
affected by any notice to the contrary. 

All acts, conditions and things required by the Constitution of 
the State of Maryland, the Act and the Indenture to exist, to 
have happened and to have been performed precedent to an in 
the issuance of this bond, do exist, have happened and have been 
performed. 

No covenant or agreement contained in this bond or the Inden- 
ture shall be deemed to be a covenant or agreement of any of- 
ficer, agent or employee of the Issuer in his individual capacity, 
and neither the members of the City Council of the Issuer nor 
any official executing this bond shall be liable personally on this 
bond or be subject to any personal liability of accountability by 
reason of the issuance of this bond. 

This bond shall not be entitled to any benefit under the Inden- 
ture, or be valid or become obligatory for any purpose, until this 
bond shall have been authenticated by the execution by the 
Trustee, or its successor as Trustee, of the Certificate of 
Authentication inscribed hereon. 

IN WITNESS WHEREOF, the Mayor and City Council of 
Baltimore has caused this bond to be executed in its name and on 
its behalf by the manual or facsimile signature of its Mayor and 
by the manual or facsimile signature of its Director of Finance 
and its corporate seal to be hereunto affixed or, if in facsimile, 
imprinted or engraved, attested by the manual signature of the 



ORDINANCES 159 

Custodian or Alternate Custodian of the Seal and this bond to be 
dated 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

[CORPORATE SEAL] By: 

Mayor 



ATTEST: 



By: 



Custodian of the Seal Director of Finance 

TRUSTEE'S CERTIFICATE OF AUTHENTICATION 

This bond is one of the Bonds described in the within-men- 
tioned Indenture. Printed hereon is the complete text of the 
legal opinion of Morgan, Lewis & Bockius, Philadelphia, Penn- 
sylvania, delivered on and dated the date of the original delivery 
of the Bonds, a signed original of which is on file with the under- 
signed. 

AS TRUSTEE 



By: 



Authorized Signature 



SEC. 6. And be it further ordained, That the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of 
the City by his manual or facsimile signature and by the Director 
of Finance of the City by his manual or facsimile signature, and 
the corporate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal or Alternate Custodian of the City 
Seal by his manual signature. The Loan Agreement, the Inden- 
ture, and where applicable, all other documents as may be 
necessary to effectuate the issuance, sale and delivery of the 
Bonds, shall be executed in the name of the City and on its behalf 
by the Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal or Alternate Custodian of the City 
Seal by his manual signature. In case any officer whose 
signature or a facsimile of whose signature shall appear on the 



160 ORDINANCES Ord. No. 886 

Bonds or any of the aforesaid documents shall cease to be such 
officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or facsimile shall never- 
theless be valid and sufficient for all purposes, the same as if 
such officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custodian of 
the City Seal or Alternate Custodian of the City Seal and other 
officials of the City are hereby authorized and empowered to do 
all such acts and things and execute such documents and cer- 
tificates as the Board may determine in the Resolution to be 
necessary to carry out and comply with the provisions hereof. 

SEC. 7. And be it further ordained, That the Bonds shall be ex- 
ecuted, issued and delivered at any time or from time to time 
and in such amount or amounts not exceeding, in the aggregate, 
$1,000,000, as the Board shall prescribe in the Resolution. 

SEC. 8. And be it further ordained, That prior to the issuance, 
sale and delivery of any of the Bonds, the Board shall adopt the 
Resolution pursuant to which the Board may: 

(a) prescribe the final form, tenor, terms and conditions of and 
security for the Bonds; 

(b) prescribe the actual amounts, rate or rates of interest or 
method of computing the rate or rates of interest (within the 
limits herein prescribed), denominations, date, actual maturity 
or maturities (within the limits herein prescribed), and the place 
or places of payment of the Bonds, and the final terms and condi- 
tions and details under which the Bonds may be called for 
redemption prior to their stated maturity; 

(c) approve the form and contents, and authorize the execution 
and delivery (where applicable) of (i) the Loan Agreement, (ii) 
the Indenture, and (iii) such other documents as the Board shall 
deem necessary to effectuate the issuance, sale and delivery of 
the Bonds; 

(d) determine the time or times of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other details of 
the Bonds; 

(e) provide for the direct payment by the Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in connec- 
tion with the issuance, sale and delivery of the Bonds, including 
(without limitation) costs of printing (if any) and issuing the 
Bonds, legal expenses (including the fees of Bond Counsel) and 



ORDINANCES 161 

compensation to any person (other than employees of the City) 
performing services by or on behalf of the City in connection 
therewith; and 

(f) do any and all things, and authorize the officials of the City 
to do any and all things, necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 9. And be it further ordained, That the Loan Agreement 
shall contain such terms, provisions and conditions as the Board 
shall prescribe in the Resolution. 

SEC. 10. And be it further ordained, That the Indenture shall 
contain such terms, provisions and conditions as the Board shall 
prescribe in the Resolution for the protection and enforcement 
of the rights and remedies of the holders of the Bonds. 

SEC. 11. And be it further ordained, That the Bonds shall be 
sold by private (negotiated) sale upon such terms and conditions 
as shall be approved by the Board in the Resolution. 

SEC. 12. And be it further ordained, That the Bonds shall not 
constitute general obligations of the City and shall not be a 
pledge of or involve the faith and credit or the taxing power of 
the City and shall not constitute a debt of the City, all within the 
meaning of Section 7 of Article XI of the Constitution of 
Maryland or within the meaning of any other constitutional, 
statutory or charter provision limiting or restricting the sale or 
issuance of bonds, notes or other obligations of the City. The 
Bonds and the interest thereon shall be limited obligations of the 
City, repayable by the City solely from the revenue derived from 
Loan repayments (both principal and interest) made to the City 
by the Borrower on account of the Loan and from any other 
moneys held and pledged therefor under the Indenture. The pro- 
ceeds of the Bonds will be paid directly to the Trustee to be held 
and disbursed by the Trustee as provided in the Indenture. 
Payments of the receipts and revenues of the City from the Loan 
will be paid by the Borrower directly to the Trustee to be used 
and applied for the payment of the principal of, premium, if any 
and interest on the Bonds, as provided in the Indenture. No such 
moneys will be commingled with the City's funds or will be sub- 
ject to the absolute control of the City, but will be subject only to 
such limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the Bonds are 



162 ORDINANCES Ord. No. 886 

used to accomplish the public purposes of the Act and this 
Ordinance. 



SEC. 13. And be it further ordained, That in consideration of 
the purchase and acceptance of the Bonds by those who shall 
hold the Bonds from time to time, the City does hereby, and by 
the execution and delivery of the Indenture shall, pledge the 
receipts and revenues under the Loan Agreement (other than 
payments to the City for indemnification or to reimburse the 
City for expenses incurred by the City itself) to the Trustee, its 
successors and assigns, to be used and applied for the payment 
of the principal of and premium (if any) and interest on the 
Bonds. 



SEC. 14, And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not af- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections or parts of this Ordinance or their application 
to other persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provisions, sentence, 
clause, section or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted 
herefrom. 

SEC. 15. And be it further ordained, That if the Bonds are not 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City, the authoriza- 
tion provided in this Ordinance for the City to issue and sell the 
Bonds shall expire; provided, however, that the Board of 
Finance of the City may, after showing of good cause at a public 
hearing held before the Board of Finance, extend such 
authorization for an additional term not to exceed six months. 
The Board of Finance, in its sole discretion shall determine the 
sufficiency, or lack thereof, of the reasons presented for any re- 
quested extension of this Ordinance. If any extension is granted, 
notice of such extension and the reasons therefor must be sent 
to the City Council. 



ORDINANCES 163 

SEC. 16. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved February 11, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 887 
(Council No. 898) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
MAYOR'S ADVISORY COMMITTEE 
ON ART AND CULTURE 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of One Thousand 
Two Hundred Fifty Dollars ($1,250) to the Mayor's 
Advisory Committee on Art and Culture to be used for 
restoring dollhouses at the Cloisters Children's Museum. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of 
the fiscal 1982 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Coun- 
cil by the Board of Estimates, the said recommendation 
having been made at a regular meeting of said Board 
held on the 7th day of October, 1981, all in accordance 
with Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 



164 ORDINANCES Ord. No. 888 

Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City as amended, the sum of One Thousand 
Two Hundred Fifty Dollars ($1,250) shall be made avail- 
able to the Mayor's Advisory Committee on Art and Cul- 
ture of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 
1982 for the purpose of restoring dollhouses at the Cloisters 
Children's Museum. The amount thus made available as 
a supplementary special fund appropriation shall be ex- 
pended from a grant of funds to the Mayor and City 
Council of Baltimore by the Maryland State Arts Council, 
Department of Economic and Community Development, 
said sum being specifically allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said Maryland State Arts Council, Department 
of Economic and Community Development shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2 of the 
Baltimore City Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 888 
(Council No. 1335) 

AN ORDINANCE concerning 

WEED CONTROL 

FOR the purpose of changing the permitted height limit 
of weeds or other rank vegetation from one foot to eight 
inches. 

BY repealing and reordaining with amendments 
Article 11— Health 
Section 161 — Weed control 
Baltimore Citv Code (1976 Edition, as amended) 



ORDINANCES 165 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed or 
amended to read as follows: 

ARTICLE 11— HEALTH 
WEED CONTROL 

161. Weed Control 

It shall be unlawful for any owner, occupant or person 
in control of any lot or lands within the City of Balti- 
more to allow or maintain on any such lot or lands any 
growth of weeds or other rank vegetation to a height 
over [one foot] eight inches, and every owner, occupant 
or person in control of any lot or lands within the City 
of Baltimore shall cause said lot or lands to be kept free 
from ragweeds, wild mustard, wild lettuce, wild parsley, 
common thistle, milkweed, poison ivy, and all other noxious 
weeds by destroying such noxious weeds by spraying with 
a chemical compound, by cutting and removal or by dig- 
ging under or by such other method approved by the 
Commissioner of Health. 

Any owner, occupant or person in control of any lot 
or lands within the City of Baltimore who shall fail to 
comply with any of the provisions of Sections 161-164 
shall upon conviction thereof be fined in any sum not ex- 
ceeding $50.00. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passage. 

Approved February 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



166 ORDINANCES Ord. No. 889 

No. 889 
(Council No. 1363) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Four Hundred 
Thousand Dollars ($400,000) to the Department of Edu- 
cation to be used for salaries and related costs of class- 
room teachers which could not reasonably be anticipated 
at the time of formulation of the fiscal 1983 Ordinance 
of Estimates. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, Ordinance 779, approved by the Mayor on 
September 29, 1982, was enacted for the purpose of in- 
creasing the license fee for coin-operated amusement de- 
vices and exempting coin-operated amusement devices from 
those machines, facilities and events subject to an admis- 
sions and amusement tax; and 

Whereas, it was intended by the City Council that the 
additional revenue raised by Ordinance 779 above shall be 
used to fund classroom teaching positions; and 

Whereas, the money appropriated herein represents 
revenue produced by the licensing of coin-operated amuse- 
ment devices in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1983 fiscal year, and said money is therefore avail- 
able for appropriation to the Department of Education 
pursuant to the provisions of Article VI, Section 2(h) (3) 
of the Baltimore City Charter (1964 Revision as amended); 
and 

Whereas, the additional sum here appropriated is for a 
program included in the current principal Ordinance of 
Estimates and is made necessary by a material change in 
circumstances since the formulation and adoption of such 



ORDINANCES 167 

Ordinance, in accordance with Article VI, Section 2(h) (3) 
of said Charter; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
27th day of October, 1982, all in accordance with Article 
VI, Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City, the sum of Four Hundred Thousand Dollars 
($400,000) shall be made available to the Department of 
Education as a supplementary general fund appropriation 
for the fiscal year ending June 30, 1983 for the purpose of 
salaries and related costs of classroom teachers which 
could not reasonably be anticipated at the time of formu- 
lation of the fiscal 1983 Ordinance of Estimates. The 
amount thus made available as a supplementary general 
fund appropriation shall be expended from revenue de- 
rived from the licensing of coin-operated amusement de- 
vices in excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in de- 
termining the tax levy required to balance the budget for 
the 1983 fiscal year; and said funds from said licensing 
of coin-operated amusement devices shall be the source of 
revenue for this supplementary general fund appropria- 
tion, as required by Article VI, Section 2 of the Baltimore 
City Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



168 ORDINANCES Ord. No. 890 

No. 890 
(Council No. 1406) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - DEPARTMENT 
OF PUBLIC WORKS 

FOR the purpose of providing a supplementary motor vehicle 
fund appropriation in the amount of Four Million Two Hun- 
dred Nine Thousand One Hundred Sixteen Dollars 
($4,209,116) to the Department of Public Works to be used for 
additional debt service which could not reasonably be an- 
ticipated at the time of formulation of the proposed fiscal 1983 
Ordinance of Estimates. 

BY authority of 
Article VI -Board of Estimates 
Section 2 (h)(3) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the money appropriated herein represents revenue 
produced by Interest Earnings on Investments in excess of the 
revenue estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
fiscal year 1983 and is therefor available for appropriation to the 
Department of Public Works pursuant to the provisions of Arti- 
cle VI, Section 2(h)(3) of the 1964 revised Charter of Baltimore 
City; and 

WHEREAS, the additional sum here appropriated is for a pro- 
gram included in the current Ordinance of Estimates and said 
sum is made necessary by a material change in circumstances 
since the formulation and adoption of such ordinance, in accor- 
dance with Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, the supplementary motor vehicle fund appropria- 
tion ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having been 
made at a regular meeting of said Board held on the 24th day of 
November, 1982, all in accordance with Article VI, Section 
2(h)(3) of said Charter. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 2 of 
the 1964 revision of the Charter of Baltimore City as amended, 
the sum of Four Million Two Hundred Nine Thousand One Hun- 



ORDINANCES 169 

dred Sixteen Dollars ($4,209,116) shall be made available to the 
Department of Public Works as a supplementary motor vehicle 
fund appropriation for the fiscal year ending June 30, 1983, for 
the purpose of additional debt service which could not 
reasonably be anticipated at the time of formulation of the pro- 
posed fiscal 1983 Ordinance of Estimates. The amount thus 
made available as a supplementary motor vehicle fund ap- 
propriation shall be expended from revenue derived from In- 
terest Earnings on Investments in excess of the amount from 
this source which was estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1983 fiscal year; and said funds from said Interest 
Earnings on Investments shall be the source of revenue for this 
supplementary motor vehicle fund appropriation, as required by 
Article VI, Section 2 of the Baltimore City Charter (1964 Revi- 
sion as amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved February 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 891 
(Council No. 1423) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - 
DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary general fund ap- 
propriation in the amount of Two Hundred Eighty-five Thou- 
sand Dollars ($285,000) to the Department of Education to be 
used for salaries and related costs of classroom teachers which 
could not reasonably be anticipated at the time of formulation 
of the fiscal 1983 Ordinance of Estimates. 

BY authority of 
Article VI -Board of Estimates 
Section 2(h) (3) 
Baltimore City Charter (1964 Revision as amended) 



170 ORDINANCES Ord. No. 891 

WHEREAS, Ordinance 818, approved by the Mayor on 
November 12, 1982, was enacted for the purpose of fixing the 
rate of tax at 5% on certain sales of service for the transmission 
of telecommunications after December 1982; and 

WHEREAS, the money appropriated herein represents revenue 
produced by the tax on telephone sales and service in excess of 
the amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1983 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Education pursuant to the provisions of Article VI, Section 2(h) 
(3) of the Baltimore City Charter (1964 Revision as amended); 
and 

WHEREAS, the additional sum here appropriated is for a pro- 
gram included in the current principal Ordinance of Estimates 
and is made necessary by a material change in circumstances 
since the formulation and adoption of such Ordinance, in accord- 
ance with Article VI, Section 2(h) (3) of said Charter; and 

WHEREAS, the supplementary general fund appropriation or- 
dained herein has been recommended to the City Council by the 
Board of Estimates, said recommendation having been made at 
a regular meeting of said Board held on the 8th day of 
December, 1982, all in accordance with Article VI, Section 
2(h) (3) of said Charter. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 2 of 
the 1964 revision of the Charter of Baltimore City, the sum of 
Two Hundred Eighty-five Thousand Dollars ($285,000) shall be 
made available to the Department of Education as a supplemen- 
tary general fund appropriation for the fiscal year ending June 
30, 1983 for the purpose of salaries and related costs of 
classroom teachers which could not reasonably be anticipated at 
the time of formulation of the fiscal 1983 Ordinance of 
Estimates. The amount thus made available as a supplementary 
general fund appropriation shall be expended from revenue 
derived from the tax on telephone sales and services in excess of 
the amount from this source which was estimated or relied upon 
by the Board of Estimates in determining the tax levy required 
to balance the budget for the 1983 fiscal year; and said funds 
from said tax on telephone sales and services shall be the source 
of revenue for this supplementary general fund appropriation, 



ORDINANCES 171 

as required by Article VI, Section 2 of the Baltimore City 
Charter (1964 Revision as amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved February 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 892 
(Council No. 1440) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - MAYOR'S 
ADVISORY COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special fund 
appropriation in the amount of Nine Thousand Three Hundred 
Dollars ($9,300) to the Mayor's Advisory Committee on Art 
and Culture to be used for providing educational exhibits for 
the Cloisters Children's Museum. 

BY authority of 
Article VI -Board of Estimates 
Section 2(hX2) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the money appropriated herein represents a grant 
from a public source which could not be expected with 
reasonable certainty at the time of formulation of the fiscal 1983 
Ordinance of Estimates; and 

WHEREAS, the supplementary special fund appropriation or- 
dained herein has been recommended to the City Council by the 
Board of Estimates, the said recommendation having been made 
at a regular meeting of said Board held on the 29th day of 
December, 1982, all in accordance with Article VI, Section 
2(hX2) of the Baltimore City Charter (1964 Revision as 
amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 



172 ORDINANCES Ord. No. 893 

2(hX2) of the 1964 revision of the Charter of Baltimore City, the 
sum of Nine Thousand Three Hundred Dollars ($9,300) shall be 
made available to the Mayor's Advisory Committee on Art and 
Culture of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1983 for the 
purpose of providing educational exhibits for the Cloisters 
Children's Museum. The amount thus made available as a sup- 
plementary special fund appropriation shall be expended from a 
grant of funds to the Mayor and City Council of Baltimore by the 
Maryland State Arts Council, Department of Economic and 
Community Development, said sum being specifically allotted to 
the Mayor and City Council of Baltimore for the aforesaid pur- 
pose; and said funds from said Maryland State Arts Council, 
Department of Economic and Community Development, shall be 
the source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2 of the Baltimore 
City Charter (1964 Revision as amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved February 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 893 
(Council No. 1352) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the property known as 6604 O'Donnell 
Street as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 4.3-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 



ORDINANCES 173 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area on the property known as 6604 O'Don- 
nell Street outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.3-ld and 
11.0-6d of Article 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning". 

SEC. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 894 
(Council No. 1408) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - MAYOR'S 
ADVISORY COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special fund 
appropriation in the amount of Nine Thousand Three Hundred 
Dollars ($9,300) to the Mayor's Advisory Committee on Art 
and Culture to be used for providing educational exhibits for 
the Cloisters Children's Museum. 



174 ORDINANCES Ord. No. 894 

BY authority of 
Article VI -Board of Estimates 
Section 2(hX2) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the money appropriated herein represents a grant 
from a public source which could not be expected with 
reasonable certainty at the time of formulation of the fiscal 1983 
Ordinance of Estimates; and 

WHEREAS, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council by 
the Board of Estimates, the said recommendation having been 
made at a regular meeting of said Board held on the 17th day of 
November, 1982, all in accordance with Article VI, Section 
2(hX2) of the Baltimore City Charter (1964 Revision as 
amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 
2(hX2) of the 1964 revision of the Charter of Baltimore City, the 
sum of Nine Thousand Three Hundred Dollars ($9,3C0) shall be 
made available to the Mayor's Advisory Committee on Art and 
Culture of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1983 for the 
purpose of providing educational exhibits for the Cloisters 
Children's Museum. The amount thus made available as a sup- 
plementary special fund appropriation shall be expended from a 
grant of funds to the Mayor and City Council of Baltimore by the 
Maryland State Arts Council, Department of Economic and 
Community Development, said sum being specifically allotted to 
the Mayor and City Council of Baltimore for the aforesaid pur- 
pose; and said funds from said Maryland State Arts Council, 
Department of Economic and Community Development, shall be 
the source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2 of the Baltimore 
City Charter (1964 Revision as amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved February 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 175 

No. 895 
(Council No. 1436) 
AN ORDINANCE concerning 

IMPOUNDING AREAS -MONROE STREET 

FOR the purpose of adding the west side of Monroe Street be- 
tween Washington Boulevard and Wicomico Street to the list 
of impounding areas. 

BY adding 
Article 31 -Transit and Traffic 
Subtitle -Impounding Areas 
Section 113 (4a) 
Baltimore City Code (1976 Edition, as amended) 

SECTION I. Be it ordained by the Mayor and City Council of 
Baltimore, That section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed or amended to read as 
follows: 

ARTICLE 31 -Transit and Traffic 
Impounding Areas 

113. M Streets. 

(ka) Monroe Street, west side, from Washington Boulevard to 
Wicomico Street 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect thirty days from the date of its passage. 

Approved February 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



176 ORDINANCES Ord. No. 897 

No. 896 
(Council No. 1437) 

AN ORDINANCE concerning 

PARKING-RESERVED 
HOLBROOK COURT 

FOR the purpose of providing for reserved parking on Holbrook 
Court near Lanvale Street for Gregory Best, displaying a 
permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the west side of Holbrook Court from a point 
150 feet north of Lanvale Street to a point 172 feet north of Lan- 
vale Street, parking is reserved for Gregory Best, displaying a 
permit. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 897 
(Council No. 1438) 

AN ORDINANCE concerning 

PARKING -RESERVED 
KENWOOD AVENUE 

FOR the purpose of providing for reserved parking on Kenwood 
Avenue near Preston Street for Robert Jordan, Jr., displaying 
a permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the east side of Kenwood Avenue from a 
point 64 feet north of Preston Street to a point 86 feet north of 
Preston Street, parking is reserved for Robert Jordan, Jr., 
displaying a permit. 



ORDINANCES 177 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 898 
(Council No. 1439) 

AN ORDINANCE concerning 

PARKING -RESERVED 
KENWOOD AVENUE NEAR JEFFERSON STREET 

FOR the purpose of providing for reserved parking on Kenwood 
Avenue near Jefferson Street for Frederick Lingner, display- 
ing a permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the east side of Kenwood Avenue from a 
point 99 feet north of Jefferson Street to a point 123 feet north 
of Jefferson Street, parking is reserved for Frederick Lingner, 
displaying a permit. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



178 ORDINANCES Ord. No. 899 

No. 899 
(Council No. 1310) 

AN ORDINANCE concerning 

REZONING— 1020 E. HOFFMAN STREET 

FOR the purpose of changing the zoning for the property 
located at 1020 E. Hoffman Street from the R-8 Zoning 
District to the B-1^2 Zoning District as outlined in red 
on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 46 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Maijor and City Council 
of Baltimore, That Sheet No. 46 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning" be and it is hereby 
amended by changing from the R-8 Zoning District to the 
B-l-2 Zoning District the property known as 1020 E. Hoff- 
man Street as outlined in red on the plats accompanying 
this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and 
the -Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty day o from the date of its passage. 

Approved February 23, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 179 

No. 900 
(Council No. 1422) 

AN ORDINANCE concerning 

PARKING-RESERVED 
CALHOUN STREET 

FOR the purpose of providing for reserved parking on Calhoun 
Street near McHenry Street for Dorothy Mae Martin. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the west side of Calhoun Street from a point 
151 feet south of McHenry Street to a point 175 feet south of 
McHenry Street, parking is reserved for Dororthy Mae Martin 
displaying a permit. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved February 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 901 
(Council No. 1430) 

AN ORDINANCE to change the name of Harbor City Boulevard 
from Russell Street to George Street; Biddle Street from 
George Street to Chase Street; Parkbiddle from Chase Street 
to Cathedral Street. The new name of said Harbor City Boule- 
vard, Biddle Street and Parkbiddle to be Martin Luther King 
Jr. Boulevard. 

General Powers 
Article II Section (34Xf) 
Executive Departments 
Article VII Section 42(f) 
Baltimore City Code 
Article 27 Sections 18 thru 21 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name Harbor City Boulevard from Russell 



180 ORDINANCES Ord. No. 902 

Street to George Street; Biddle Street from George Street to 
Chase Street; Parkbiddle from Chase Street to Cathedral Street 
be and they are hereby changed and that said Harbor City 
Boulevard, Biddle Street and Parkbiddle shall hereafter be 
known as Martin Luther King Jr. Boulevard. 

SEC. 2. And be it further ordained, That this Ordinance shall 
take effect sixty (60) days from the date of its passage. 

Approved February 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor 



No. 902 
(Council No. 919) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
DRIVE-IN RESTAURANT 

FOR the purpose of granting permission for the estab- 
lishment, maintenance and operation of a drive-in res- 
taurant on the property known as 2033 Eastern Avenue 
as outlined in red on the plats accompanying this ordi- 
nance. 

BY authority of 
Article 30 — Zoning 
Sections 6.3-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in 
restaurant on the property known as 2033 Eastern Avenue 
as outlined in red on the plats accompanying this ordinance, 
under the provisions of Sections 6.3-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1976 Edition, as 
amended) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 



ORDINANCES 181 

authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 7, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 903 
(Council No. 1330) 

AN ORDINANCE concerning 

URBAN RENEWAL— FELLS POINT— AMENDMENT 8 

FOR the purpose of amending the Urban Renewal Plan 
for Fells Point, to, among other things, (1) add drive-in 
restaurants as a permitted use in the Wholesale/Service 
Commercial land use category; (2) authorize public park 
use for the entire property at 1832 Thames Street and 
designate the entire property as Disposition Lot 1; (3) 
revise certain Exhibits attached to the Urban Renewal 
Plan to reflect the changes proposed herein; (4) recom- 
mend a zoning district change and provide that the 
approval of Amendment No. 8 shall not be construed 
as an enactment of this zoning change; (5) waive such 
requirements, if any, as to content or procedure for 
the preparation, adoption, and approval of renewal 
plans as set forth in Article 13 of the Baltimore City 
Code (1976 Edition, as amended) which the Renewal 
Plan for Fells Point may not meet; (6) provide for 



182 ORDINANCES Ord. No. 903 

the separability of the various parts and applications 
of this ordinance; (7) provide that where the provi- 
sions of this ordinance shall conflict with any other 
ordinance, code or regulation in force in the City of 
Baltimore, the provision which establishes the higher 
standard shall prevail; and (8) provide for an effective 
date thereof. 

Whereas, an Urban Renewal Plan for Fells Point was 
first approved by the Mayor and City Council of Balti- 
more by Ordinance No. 999, dated October 14, 1975, and last 
amended by Ordinance No. 648, dated May 24, 1982; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change 
or changes shall be made in any renewal plan, after ap- 
proval by ordinance, without such change or changes first 
being adopted and approved in the same manner as set 
forth in said Article 13 for the preparation of such change 
or changes by the Department of Housing and Community 
Development, the approval of such change or changes by 
the Director of the Department of Planning, and approval 
and adoption by an ordinance of the Mayor and City 
Council of Baltimore after a public hearing in relation 
thereto, all in the manner set forth in said Article 13; and 

Whereas, the Department of Housing and Community 
Development has prepared a list of changes to the Renewal 
Plan for Fells Point, identified as "Amendment No. 8 to 
the Urban Renewal Plan for Fells Point, dated September 
27, 1982"; and 

Whereas, said Amendment No. 8 to the Renewal Plan 
for Fells Point has been approved by the Director of the 
Department of Planning with respect to its conformity 
as to the Master Plan; the detailed location of any public 
improvements proposed in the amended Renewal Plan; 
its conformity to the rules and regulations for subdivi- 
sions; and all zoning changes proposed in the amended 
Renewal Plan ; and said Amendment No, 8 to the Renewal 
Plan has been approved and recommended to the Mayor 
and City Council of Baltimore by the Commissioner of 
the Department of Housing and Community Development; 
now, therefore, 



ORDINANCES 183 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment and changes 
to the Renewal Plan for Fells Point, having been duly 
reviewed and considered, are hereby approved, and the 
Clerk of the City Council is hereby directed to file a 
copy of said Renewal Plan, revised to include Amendment 
No. 8, dated September 27, 1982, with the Department of 
Legislative Reference as a permanent public record and 
make the same available for public inspection and 
information : 

1. In the Table of Contents, page i., section entitled 
"EXHIBITS", delete the dates from Exhibits 1, 3 
and 4, and insert in lieu thereof "September 27, 
1982". 

2. In Section B.l.a. entitled "Residential/Neighborhood 
Commercial", page 5, change the Section reference 
for Disposition Lot 12 from B.2.a. (4) (d) to 
B.2.a.(4)(c). 

3. In Section B.l.f. entitled "Wholesale/Service Com- 
mercial", page 9, add the following after "conva- 
lescent, nursing and rest homes;", "drive-in restau- 
rants—subject to approval OF A CONDITIONAL 
USE ORDINANCE by the Mayor and City Council 
of Baltimore;". 

4. In Section B.2.a. (4) entitled "Provisions Applicable 
to Land and Property to be Acquired for Redevel- 
opment", pages 12 and 13: 

a. delete subsection (b) entitled "Disposition Lot 
3" in its entirety. 

b. change the subsection reference of "Disposition 
Lot 11" from "(c) "to "(b)". 

c. change the subsection reference of "Disposition 
Lot 12" from "(d)" to "(c)". 

5. Delete Exhibits 1, 3, and 4 and insert in lieu thereof 
revised Exhibits 1, 3, and 4, dated September 27, 
1982. 

Sec. 2. And be it farther ordained, That the entire prop- 
erty at 1832 Thames Street shall be shown for public park 
use, as shown on Exhibit 1 — Land Use Plan, dated as 
revised September 27, 1982. 



184 ORDINANCES Ord. No. 903 

Sec. 3. And be it further ordained. That the entire prop- 
erty at 1832 Thames Street shall be designated as Dis- 
position Lot 1 for Public Park use, as shown on Exhibit 
3 — Land Disposition Map, dated as revised September 27, 
1982. 

Sec. 4. And be it further ordained, That the approval 
of Amendment No. 8 to the Renewal Plan for Fells Point 
shall not be construed as an enactment of the amendments 
to the Zoning Ordinance of Baltimore City, as shown on 
Exhibit 4 — Zoning Districts Map, dated as revised Sep- 
tember 27, 1982. 

Sec. 5. And be it further ordained, That in whatever 
respect, if any, the said amended Renewal Plan approved 
hereby may not meet the requirements as to the content 
of a renewal plan or the procedures for the preparation, 
adoption, and approval of renewal plans, as provided in 
Article 13 of the Baltimore City Code (1976 Edition, as 
amended), the said requirements are hereby waived and 
the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. 6. And be it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordi- 
nance, or the application thereof to any person or cir- 
cumstances, is invalid, the remaining provisions and the 
application of such provisions to other persons or circum- 
stances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained 
the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, 
or the application thereof so held invalid. 

Sec. 7. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions 
concerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to 
be in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 



ORDINANCES 185 

and safety shall prevail. In any case where a provision 
of this ordinance is found to be in conflict with an exist- 
ing provision of any other ordinance or code or regulation 
in force in the City of Baltimore which establishes a 
lower standard for the promotion and protection of the 
public health and safety the provision of this ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the 
extent that it may be found in conflict with this ordinance. 

Sec. 8. And be it farther ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 7, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 904 

(Council No. 1475) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(POLK AUDIO PROJECT) 

FOR the purpose of supplementing and amending Ordinance 
No. 831 of Mayor and City Council of Baltimore, approved by 
the Mayor on November 17, 1982, to make a technical correc- 
tion by designating the Enabling Law pursuant to which in- 
dustrial development revenue bonds, in the aggregate prin- 
cipal amount not to exceed $3,000,000, are authorized, and to 
make a technical correction by designating the assignee of 
Klopfer Associates, a Maryland limited partnership, and to 
make a technical correction by providing, pursuant to the 
Enabling Law, that the bonds may be used as payment for the 
Project, and generally to conduct a public hearing on the Proj- 
ect, located at 1915-1921 Annapolis Road, in Baltimore City, 
Maryland, all further to accomplish the legislative policy con- 
templated by the Enabling Law which includes the relief of 
conditions of unemployment in Baltimore City and the State of 
Maryland, encouraging the increase of industry and a bal- 
anced economy in Baltimore City and the State of Maryland, 
promoting economic development in Baltimore City and the 



186 ORDINANCES Ord. No. 904 

State of Maryland, and promoting the health, welfare and 
safety of the residents of Baltimore City and the State of 
Maryland. 

BY repealing and re-enacting, with amendments, the PUR- 
POSE Clause of Ordinance No. 831 of Mayor and City Council 
of Baltimore, approved by the Mayor on November 17, 1982. 

BY repealing and re-enacting, with amendments, the 
RECITALS of Ordinance No. 831 of Mayor and City Council 
of Baltimore, approved by the Mayor on November 17, 1982. 

BY repealing and re-enacting, with amendments, Sections 1, 2, 
4 and 5 of Ordinance No. 831 of Mayor and City Council of 
Baltimore, approved by the Mayor on November 17, 1982. 

RECITALS 

WHEREAS, Mayor and City Council of Baltimore (the "City"), 
by Ordinance No. 831 of the City, approved by the Mayor on 
November 17, 1982 (the "Ordinance"), authorized and em- 
powered the City to issue and sell, at any time or from time to 
time and in one or more series, and as limited obligations of the 
City and not upon its full faith and credit, its industrial develop- 
ment revenue bonds, in the aggregate principal amount not to 
exceed $3,000,000 (the "Bonds"), and to make the proceeds 
thereof available to Klopfer Associates, a Maryland limited part- 
nership, or such other entity as Klopfer Associates may 
designate (including its assigns) for the sole and exclusive pur- 
pose of financing the costs, charges, fees and expenses in con- 
nection with the acquisition of (a) the lots of land, improvements 
and equipment located at 1915-19 Annapolis Road, in Baltimore 
City, (b) the expansion and/or renovation of the building located 
there, which has 160,000 square feet, more or less, of usable 
space as may be necessary or useful in connection with the 
operation thereof, (c) stock in a corporation owning such proper- 
ty with the intention of enabling Klopfer Associates, or such 
other person as it may designate, to obtain possession of such 
property, or (d) substitute property in Baltimore City, to be 
operated as an audio equipment manufacturing facility and a 
general manufacturing center (the "Project"); and 

WHEREAS, the City has been advised by Klopfer Associates 
that a technical correction is required to designate the Enabling 
Law pursuant to which the Bonds are authorized, in the PUR- 
POSE Clause of the Ordinance; and 



ORDINANCES 187 

WHEREAS, the City has been advised by Klopfer Associates 
that a technical correction is required, to name the designee of 
Borrower, which designee shall be Mid-City Limited Partner- 
ship, a Maryland limited partnership having as its partners the 
same persons who are the partners in Klopfer Associates AND 
ITS CORPORATE NOMINEE, in paragraph 1 of the RE- 
CITALS of the Ordinance; 

WHEREAS, the City has been advised by Klopfer Associates 
that a technical correction is required, to designate the Enabling 
Law pursuant to which the Bonds are authorized, in paragraph 1 
of the RECITALS of the Ordinance; 

WHEREAS, the City has been advised by Klopfer Associates 
that a technical correction is required, to provide for the Bonds 
to be used as payment for the Project, as permitted by the 
Enabling Law as amended by this ordinance, in Sections 2, 4 and 
5 of the Ordinance; 

WHEREAS, the City has determined, based on the findings and 
determinations set forth below, that the issuance and sale of the 
Bonds by the City pursuant to the provisions of Sections 266A to 
266-1, inclusive of the Annotated Code of Maryland (Volume 4, 
1982 Replacement Volume) (the "Enabling Law"), and the com- 
pletion of the Project and the financing thereof as provided in 
the Ordinance, will promote the declared legislative purposes of 
the Enabling Law and are in the best interests of the citizens of 
Baltimore City, Maryland, and that in order to accomplish the 
public purposes of the Enabling Law and the Ordinance, it is in 
the best interests of the citizens of Baltimore, Maryland to make 
a technical correction in the PURPOSES Clause, in the first, 
second, and third paragraphs of the RECITALS Clause, and in 
Sections 1, 2, 4 and 5 of Ordinance No. 831, all in order to 
designate the Enabling Law pursuant to which the Bonds are 
authorized, to state the purposes of the Enabling Law, and to 
make a technical amendment by naming the designee of Klopfer 
Associates, which shall be Mid-City Limited Partnership AND 
ITS CORPORATE NOMINEE, and to make a technical correc- 
tion by providing, pursuant to the Enabling Law, as amended by 
this supplemental Ordinance that the Bonds may be used as pay- 
ment for the Project. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 



188 ORDINANCES Ord. No. 904 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Ordinance as amended by this ordinance for the sole and ex- 
clusive purposes of financing the costs of completion of the Proj- 
ect will facilitate and expedite the completion of the Project by 
the Borrower, including the designee of the Borrowers as named 
herein. 

(2) The completion of the Project by Mid-City Limited Partner- 
ship THROUGH ITS CORPORATE NOMINEE pursuant to and 
in accordance with the provisions of the Ordinance, as amended 
by this ordinance, will serve further to accomplish the legislative 
policy contemplated by the Enabling Law by (a) sustaining jobs 
and employment in Baltimore City and the State of Maryland, 
(b) promoting economic development in Baltimore City and the 
State of Maryland, and (c) encouraging the increase of industry 
and a balanced economy in Baltimore City and the State of 
Maryland. 

SEC. 2. And be it further ordained, That the PURPOSE Clause 
of the Ordinance is hereby repealed, amended, and re-enacted as 
follows: 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore (the "City") to issue and sell, at any 
time or from time to time and in one or more series, as limited 
obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, in the aggregate prin- 
cipal amount not to exceed $3,000,000, pursuant to the provi- 
sions of [Subsection (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended,] Sections 266A to 266-1, in- 
clusive, of Article 1*1 of the Annotated Code of Maryland (Volume 
4, 1982 Replacement Volume) for the sole and exclusive purposes 
of financing the costs, charges, fees and expenses in connection 
with the acquisition, improvement, and renovation of the prop- 
erty situate at 1915-1919 Annapolis Road, and certain im- 
provements and equipment in connection therewith, or stock in 
a corporation owning such property, or substitute property 
located elsewhere in Baltimore City, to be leased to and operated 
as an audio equipment manufacturing facility by Polk Audio, 
Inc., a Maryland corporation, and to be operated as a general 
manufacturing and distribution center, [facility] by [Klopfer 
Associates, a Maryland limited partnership, or such other entity 
as it designates] the Borrower and its tenants, authorizing the 



ORDINANCES 189 

Mayor of the City to accept, on behalf of the City, a letter of in- 
tent from Polk Audio, Inc. and Klopfer Associates addressed to 
the City dated October 9, 1981; making certain legislative find- 
ings; authorizing and empowering the Board of Finance of the 
City, prior to the issuance, sale and delivery of such bonds, to 
adopt a resolution or resolutions pursuant to which the Board of 
Finance of the City shall (a) prescribe, among other things but 
not limited to, the form, terms, conditions, provisions, manner 
or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any 
and all other details of such bonds, and (b) do any and all things 
necessary, proper or expedient in connection with the issuance, 
sale and delivery of such bonds; providing that Polk Audio, Inc. 
and [Klopfer Associates] Mid-City Limited Partnership shall 
agree to submit any plans and specifications to, and to coor- 
dinate with, the Department of Housing and Community 
Development in connection with the acquisition and installment 
of such project; providing that such bonds (or bond anticipation 
notes issued in anticipation of the issuance of such bonds) must 
be issued and sold within six months from the date this Or- 
dinance is approved by the Mayor, unless the Board of Finance 
approves one six-month extension as provided in this Ordinance; 
authorizing the issuance of notes in anticipation of the issuance 
of such revenue bonds; and generally providing for and deter- 
mining various matters and details in connection with the 
authorization, issuance, security, sale, delivery and payment of 
such bonds. 

SEC. 3. And be it further ordained, That the RECITALS 
Clause of the Ordinance is hereby repealed, amended, and re- 
enacted as follows: 

[Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 
Mayor and City Council of Baltimore (the "City") to borrow 
money to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations (including 
refunding bonds, notes, or other obligations), all of which shall 
be fully negotiable, payable, as to both principal and interest, 
solely from and secured solely by a pledge of (I) the revenues 
from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken 
by the issuance of such bonds, notes or other obligations, (II) the 
revenues from or arising in connection with any contracts, mort- 



190 ORDINANCES Ord. No. 904 

gages or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, (III) the 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obliga- 
tions, or (IV) any combination of (I), (II) or (III). The purposes, 
objects and powers of the City] The provisions of the Maryland 
Economic Development Revenue Bond Act, Sections 266 A to 
266-1, inclusive, oj Article hi of the Annotated Code of Maryland 
(Volume 4, 1982 Replacement Volume) (the "Enabling Law"), em- 
powers Mayor and City Council of Baltimore (the "City") to issue 
and sell its bonds, as its limited obligations and not upon its faith 
and credit or pledge of its taxing power, to finance the acquisition 
of a facility in order further to accomplish the legislative policy of 
the Enabling Law. Bonds and the interest on them are to be 
limited obligations of the City the principal of premium if any, 
and interest on which are to be payable solely from revenues to be 
received in connection with the financing of the Project and from 
any other money made available to the City for such purpose. The 
legislative policy contemplated by the Enabling Law, includes 
the relief of conditions of unemployment in Baltimore City and 
the State of Maryland, encouraging the increase of industry and 
a balanced economy in Baltimore City and the State of 
Maryland, promoting economic development in Baltimore City, 
and promoting the health, welfare and safety of the residents of 
Baltimore City. 

The City has received a letter of intent dated October 9, 1981 
(the "Letter of Intent") from Polk Audio, Inc. and Klopfer 
Associates, a Maryland corporation and a Maryland limited part- 
nership, respectively, or such other entity as Klopfer Associates 
may designate (including its assigns) [the "Borrower"], pursuant 
to which [the Borrower] Klopfer Associates has requested the 
City to participate in the financing of the costs, charges, fees 
and expenses in connection with the acquisition, construction, 
leasing and operation (from time to time hereinafter referred to 
collectively as the "acquisition") by the Borrower of a certain 
[project] facility to be located in Baltimore City, Maryland [(the 
"Project")], by issuing and selling industrial development 
revenue bonds of the City in the aggregate principal amount not 
to exceed $3,000,000 (the "Bonds") and by making the proceeds 
of the Bonds available to the Borrower to be used by the Bor- 
rower for the sole and exclusive purpose of financing the costs of 
the completion of the Project by the Borrower. Klopfer 
Associates has assigned to Mid-City Limited Partnership, a 
Maryland limited partnership (the "Borrower"), the partners of 



ORDINANCES 191 

which are the same persons who are the partners in the Original 
Borrower, all ofKlopfer Associate's ASSOGIA TES' rights, duties 
and obligations in connection with the Project. 

The Project [, which] is [an "undertaking" which will ac- 
complish the purposes, objects and powers of the City as men- 
tioned in] a facility, as defined in the Enabling Law will further 
accomplish the legislative policy contemplated by the Enabling 
Law, will consist generally of (a) the purchase of the lots of land, 
improvements, and equipment located at 1915-1919 Annapolis 
Road in Baltimore City, (b) the expansion and/or renovation of 
the building located there, which has 160,000 square feet, more 
or less, of usable space as may be necessary or useful in connec- 
tion with the operation thereof, (c) the purchase of stock in a cor- 
poration owning such property BY THE BORROWER'S COR- 
PORATE NOMINEE with the intention of enabling the Bor- 
rower to obtain possession of such property, or (d) the acquisi- 
tion of substitute property located elsewhere in Baltimore City. 
The Project will be operated by the Borrower for use by the Bor- 
rower, Polk Audio, Inc., and other tenants as an audio equipment 
manufacturing /aci/%, and general manufacturing and distribu- 
tion center [, facility]. 

The Enabling Law provides that the City may authorize and 
empower the Board of Finance of the City (the "Board") by 
resolution to determine and set forth the form, terms, provi- 
sions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of the Bonds and the is- 
suance and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
the Bonds. 

SEC. 4. And be it further ordained, That paragraphs (2) and (3) 
of Section 1 of the Ordinance is hereby repealed, amended, and 
re-enacted and a new paragraph (4) is hereby added as follows: 

(2) The completion of the Project by the Borrower, and the 
financing of other costs thereof as provided in this Ordinance, 
will serve to promote the general purposes contemplated by the 
Enabling Law by (a) sustaining jobs and employment in Balti- 
more City and the State of Maryland; (b) promoting economic 
development in Baltimore City and the State of Maryland; and 
(c) encouraging the increase of industry and a balanced economy 
in Baltimore City and the State of Maryland. 



192 ORDINANCES Ord. No. 904 

(3) Any and all of the Bonds shall not be general obligations of 
the City, and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obliga- 
tions of the City. All of the Bonds and the interest thereon shall 
be limited obligations of the City, and shall be fully negotiable, 
payable, as to both principal and interest, solely from and 
secured solely [by a pledge of (I) the revenues from or arising in 
connection with the Project, (II) the revenues from or arising in 
connection with any contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the Bonds, 
(III) the contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of the Bonds, or (IV) any 
combination of (I), (II) or (III),] by revenues to be received in con- 
nection with the financing of the Project and from any other 
moneys made available to the City for such purpose, all as the 
Board may approve by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds. 

(4) Within the meaning of the Enabling Law, the City is a 
"public body"; the Letter of Intent is a "letter of intent"; and the 
proceeds of the Bond will be applied in accordance with Section 
266D(B)(3) of the Enabling Law. 

SEC. 5. And be it further ordained, That Section 2 of the Or- 
dinance is hereby repealed, amended, and re-enacted as follows: 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, and as limited obligations 
of the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal amount 
not to exceed $3,000,000, subject to the provisions of this Or- 
dinance. The proceeds of the Bonds will be made available to the 
Borrower under terms and conditions approved by the Board 
and set forth in a Resolution, and used by the Borrower of the 
sole and exclusive purpose of financing the costs of the comple- 
tion of the Project[.] and the Bonds may be issued and sold as 
payment for the acquisition of the Project. 

SEC. 6. And be it further ordained, That Section 4 of the Or- 
dinance is hereby repealed, amended, and re-enacted as follows: 



ORDINANCES 193 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board is hereby authorized and empowered, 
by a resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds, to [: 

(a) prescribe, among other things but not limited to, the form, 
terms provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing state- 
ments and closing certificates), under which the proceeds of the 
Bonds will be made available to the Borrower to finance the 
costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds.] 
specify, prescribe, determine, provide for or approve such mat- 
ters, details, forms, documents, or procedures, as the Board 
deems appropriate for the authorization, sale, security, issuance, 
delivery, or payment of or for the bonds, including, without 
limitation, creation of security for the bonds and provision for 
the administration of bond issues, and to generally provide for 
payment of the acquisition of the Project to be made in bonds. In 
addition to the powers stated above, and not by way of limitation, 
the Board is further authorized and empowered, subject to the 
Enabling Law, the Ordinance, and this Ordinance, to provide for 
the acquisition by the City of all or any portion of the Project, in- 
cluding stock of a corporation owning the property for the pur- 
poses of obtaining the property, and immediate sale of such Proj- 
ect to the Borrower THROUGH ITS CORPORATE NOMINEE, 
and to take and to authorize the appropriate officials to take any 
action necessary and proper to carry out the foregoing. 

SEC. 7. And be it further ordained, That Section 5 of the Or- 
dinance is hereby repealed, amended, and re-enacted as follows: 



194 ORDINANCES Ord. No. 904 

SEC. 5. And be it further ordained, That any and all of the 
Bonds and the interest thereon shall not be general obligations 
of the City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or any other constitutional, 
statutory or charter provision limiting or restricting the sale or 
issuance of bonds, notes or other obligations of the City. All of 
the Bonds shall be limited obligations of the City, and shall be 
fully negotiable, payable, as to both principal and interest, solely 
from and secured solely by [a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues from or 
arising in connection with any contracts, mortgages or other 
securities purchased or otherwise acquired with the proceeds of 
the Bonds, (III) the contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, or 
(IV) any combination of (I), (II) or (III),] revenues to be received in 
connection with the financing of the Project and from any other 
moneys made available to the City for such purpose, all as the 
Board may approve by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds. 

SEC. 8. And be it ordained, That this Ordinance shall take ef- 
fect from the date of its enactment. 

Approved March 7, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 905 
(Council No. 1465) 

AN ORDINANCE concerning 

REVENUE BONDS -(THE MILLER REALTY 
CORPORATION PROJECT) 

FOR the purpose of authorizing Mayor and City Council of Balti- 
more to issue and sell, at any time or from time to time and in 
one or more series, as limited obligations of the City and not 
upon its full faith and credit, its revenue bonds, in the ag- 
gregate principal amount not to exceed $250,000, pursuant to 



ORDINANCES 195 

the provisions of Sub-section (50) of Article II of the Charter of 
Baltimore City (1964 Revision), as amended, for the purpose of 
financing the costs of the completion by The Miller Realty Cor- 
poration, a Maryland corporation, of a certain facility located 
or to be located at 2529 Washington Boulevard in Baltimore 
City and consisting generally of the acquisition of certain land 
located at 2529 Washington Boulevard, and the renovation of 
a building of approximately 33,600 square feet on such land, to 
be leased to an as-yet unidentified tenant or tenants (which 
tenant or tenants shall be unrelated to The Miller Realty Cor- 
poration and its affiliates unless prior written consent of the 
City is obtained), for use as a warehouse; making certain 
legislative findings, among others, that the completion of such 
facility and the financing of the costs of such completion as 
provided in this Ordinance will serve to promote the general 
purposes contemplated by the City Charter by (a) sustaining 
jobs and employment in Baltimore City; (b) promoting 
economic development in Baltimore City; and (c) encouraging 
the increase of industry and a balanced economy in Baltimore 
City; authorizing the Board of Finance of the City to prescribe 
certain details of such revenue bonds and do any and all things 
necessary, proper or expedient in connection with the issuance 
and sale of such revenue bonds; authorizing the issuance of 
notes in anticipation of the issuance of such revenue bonds; 
and generally providing for and determining various matters 
and details in connection with the issuance and sale of such 
revenue bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 
Mayor and City Council of Baltimore (the "City") to borrow 
money to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City and in connection 
therewith to issue bonds, notes, and other obligations (including 
refunding bonds, notes or other obligations), all of which shall be 
fully negotiable, payable, as to both principal and interest, solely 
from and secured solely by a pledge of (I) the revenues from or 
arising in connection with the property, facilities, developments 
and improvements whose financing is undertaken by the 
issuance of such bonds, notes or other obligations, (II) the 
revenues from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, (III) the 



196 ORDINANCES Ord. No. 904 

contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obliga- 
tions, or (IV) any combination of (I), (II) or (III). The purposes, 
objects and powers of the City contemplated by the Enabling 
Law include the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated September 24, 
1982 (the "Letter of Intent") from The Miller Realty Corpora- 
tion, a Maryland corporation (the "Borrower"), pursuant to 
which the Borrower has requested the City to participate in the 
financing of the costs of the completion by the Borrower of a cer- 
tain project in Baltimore City, Maryland (the "Project"), by issu- 
ing and selling the City's industrial development revenue bonds 
in the aggregate principal amount not to exceed $250,000 (the 
"Bonds"), and by making the proceeds of the Bonds available to 
the Borrower to be used by the Borrower for the sole and 
exclusive purpose of financing the costs of the completion of the 
Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish 
the purposes, objects and powers of the City as mentioned in the 
Enabling Law, will consist generally of (a) the acquisition of a 
tract of land containing approximately 1.4 acres, located at 2529 
Washington Boulevard in Baltimore City, (b) the renovation of a 
33,600 square foot warehouse building thereon, and (c) the ac- 
quisition and installation in such building of any or all machinery 
and equipment as may be necessary or useful in connection with 
the operation thereof. Upon completion, the Project will be 
owned by the Borrower and leased to an as-yet unidentified 
tenant or tenants (which tenant or tenants shall be unrelated to 
the Borrower and its affiliates unless prior written consent of 
the City is obtained), for use as a warehouse. 

The Enabling Law provides that the City may authorize and 
empower the Board of Finance of the City (the "Board") by 
resolution to determine and set forth the form, terms, provi- 
sions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of the Bonds and the is- 
suance and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
the Bonds. 



ORDINANCES 197 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law to make the proceeds thereof available to the 
Borrower for the sole and exclusive purpose of financing the 
costs of completion of the Project will facilitate and expedite the 
completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the 
financing of the costs of such completion as provided in this Or- 
dinance will serve to promote the general purposes con- 
templated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic develop- 
ment in Baltimore City; (c) encouraging the increase of industry 
and a balanced economy in Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of 
the City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obliga- 
tions of the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of 

(I) the revenues from or arising in connection with the Project, 

(II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the 
Bonds. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal amount 



198 ORDINANCES Ord. No. 905 

not to exceed $250,000, subject to the provisions of this Or- 
dinance. The proceeds of the Bonds will be made available to the 
Borrower under terms and conditions approved by the Board 
and set forth in a Resolution, and used by the Borrower for the 
sole and exclusive purpose of financing the costs of the comple- 
tion of the Project. 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the present intent of the City to issue the Bonds, and the 
Mayor of the City hereby is authorized to accept the Letter of In- 
tent on behalf of the City to further evidence the present intent 
of the City to issue the Bonds in accordance with the terms and 
provisions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board hereby is authorized and empowered, 
by a resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing 
statements and closing certificates), under which the proceeds 
of the Bonds will be made available to the Borrower to finance 
the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 5. And be it further ordained, That any and all of the 
Bonds shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the taxing power 
of the City, and shall not constitute a debt of the City, all within 



ORDINANCES 199 

the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, notes or 
other obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 

SEC. 6. And be it further ordained, That the Borrower shall 
agree that: 

(a) it will submit any plans and specifications for the Project to 
the Department of Housing and Community Development for 
approval, and that the Department of Housing and Community 
Development may refuse approval of any plans and specifica- 
tions for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality site, building, and 
landscape design. 

SEC. 7. And be it further ordained, That any and all of the 
Bonds shall be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile signature, 
and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal, by his manual 
signature. Any trust agreement or other documents as the 
Board shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the City 
and on its behalf by the Mayor of the City by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of 
whose signature shall appear on the Bonds or any of the 



200 ORDINANCES Ord. No. 905 

aforesaid documents shall cease to be such officer before the 
delivery of the Bonds or any of the other aforesaid documents, 
such signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Direc- 
tor of Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents and 
certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof. 

SEC. 8. And be it further ordained, That any and all necessary 
financing statements required for the consummation of the 
transactions authorized by this Ordinance may be executed on 
behalf of the City by the Mayor of the City or by the Chief, 
Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor 
of the City to execute such financing statements. 

SEC. 9. And be it further ordained, That the authority to issue 
the Bonds is intended and shall be deemed to include the author- 
ity to issue bond anticipation notes pursuant to Section 12 of Ar- 
ticle 31 of the Annotated Code of Maryland (1976 Replacement 
Volume and 1981 Cumulative Supplement), as amended (the 
"Bond Anticipation Note Enabling Legislation"). Reference in 
this Ordinance to the "Bonds" shall include such bond anticipa- 
tion notes where appropriate. Prior to the issuance, sale and 
delivery of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of such bond 
anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of such bond anticipation 
notes; 



ORDINANCES 201 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing 
statements and closing certificates), under which the proceeds 
of such bond anticipation notes will be made available to the Bor- 
rower to finance the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of such bond an- 
ticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond anticipa- 
tion notes issued pursuant to this Section of this Ordinance and 
the interest thereon from the proceeds of the Bonds in anticipa- 
tion of the sale of which such notes are issued, and the City 
hereby further covenants to issue such Bonds, as the case may 
be, when, and as soon as, the reason for deferring the issuance 
of the Bonds no longer exists. The timely issuance of such 
Bonds, however, is dependent upon matters not within the con- 
trol of the City, including (without limitation) the existence of a 
purchaser or purchasers for such Bonds at the time the reason 
for deferring the issuance of the Bonds no longer exists and the 
effectiveness of various actions taken by the Borrower, its of- 
ficers, agents and employees. 

SEC. 10. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not af- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or their application 
to other persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted 
herefrom. 

SEC. 11. And be it further ordained, That either the Bonds or 
bond anticipation notes issued pursuant to Section 9 of this Or- 
dinance in anticipation of the issuance of the Bonds must be 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City; provided, 



202 ORDINANCES Ord. No. 906 

however, that the Board, after a showing of good cause at a 
public hearing held before the Board prior to or after the expira- 
tion of such six month period, may extend the period during 
which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months 
from the date on which the first six month period expired. The 
Board, in its sole discretion, and without action by the City 
Council, shall determine the sufficiency, or lack thereof, of the 
reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. To the ex- 
tent that neither the Bonds nor such bond anticipation notes are 
issued and sold within twelve months from the date on which 
this Ordinance is approved by the Mayor of the City, the author- 
ity provided in this Ordinance for the City to issue and sell the 
Bonds and such bond anticipation notes shall expire. 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved March 8, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 906 

(Council No. 1270) 

AN ORDINANCE concerning . 

IMPOUNDING AREAS— WEST FALLS AVENUE 

FOR the purpose of adding both sides of West Falls Avenue 
between Pratt Street and Baltimore Street to the list of 
impounding areas. 

BY adding 

Article 31 — Transit and Traffic 

Subtitle — Impounding Areas 

Section 123(2) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section (s) of the Baltimore City Code 



ORDINANCES 203 

(1976 Edition, as amended) be added, repealed or amended 
to read as follows : 

ARTICLE 31— TRANSIT AND TRAFFIC 
Impounding Areas 
123. W Streets. 

(2) West Falls Avenue, both sides, from Baltimore 
Street to Pratt Street. 

SEC. 2. And be it further ordained, That this ordinance 
shall take effect thirty (30) days from the date of its 
passage. 

Approved March 9, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 907 
(Council No. 1453) 

AN ORDINANCE concerning 

PARKING- RESERVED 
ELMLEY AVENUE 

FOR the purpose of providing for reserved parking on Elmley 
Avenue near Brendan Avenue for Nicholas Camponeschi 
displaying a permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the north side of Elmley Avenue from a 
point 387 feet east of Brendan Avenue to a point 409 feet east of 
Brendan Avenue, parking is reserved for Nicholas Cam- 
poneschi, displaying a permit. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved March 9, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



204 ORDINANCES Ord. No. 909 

No. 908 
(Council No. 1454) 

AN ORDINANCE concerning 

PARKING -RESERVED 
LAKEWOOD AVENUE 

FOR the purpose of providing for reserved parking on Lake- 
wood Avenue near Fait Avenue for Joseph Sibiski displaying a 
permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the west side of Lakewood Avenue from a 
point 108 feet south of Fait Avenue to a point 130 feet south of 
Fait Avenue, parking is reserved for Joseph Sibiski, displaying a 
permit. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved March 9, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 909 
(Council No. 1455) 

AN ORDINANCE concerning 

PARKING- RESERVED 
ANNETTA AVENUE 

FOR the purpose of providing for reserved parking on Annetta 
Avenue near Mareco Avenue for Lee A. Preston, displaying a 
permit. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the west side of Annetta Avenue from a 
point 60 feet south of Mareco Avenue to a point 82 feet south of 
Mareco Avenue, parking is reserved for Lee A. Preston, display- 
ing a permit. 



ORDINANCES 205 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved March 9, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 910 
(Council No. 1457) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - DEPARTMENT 
OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special fund 
appropriation in the amount of Eighteen SEVENTEEN 
Million Three NINE Hundred Three SIXTEEN Thousand One 
Hundred Dollars ($ 1 8 , 8 3 ,100 $17,916,000) to the Department 
of Housing and Community Development to be used for carry- 
ing out capital improvements included in the Federal Com- 
munity Development Block Grant Program for Baltimore City 
(Year IX). 

BY authority of 
Article VI -Board of Estimates 
Section 2(hX2) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the entitlement application by Baltimore City for a 
Community Development Block Grant from the U.S. Depart- 
ment of Housing and Urban Development for the Grant Year IX 
beginning January 1, 1983 proposes funding of $11,060,000 
$11,892,000 for operating activities and $ 1 8 , 3 3 ,100 
$17,916,000 for capital improvements; and 

WHEREAS, it is intended that the aforementioned $11,0 6 0,000 
$11,892,000 for operating activities will be made available in the 
fiscal 1984 Ordinance of Estimates in amounts to City Agencies 
as follows: $6,22 4 ,500 $6,228,900 to the Department of Housing 
and Community Development; $4 12,300 $406,300 to the Depart- 
ment of Planning; and $5, 333 ,100 $5,256,800 to the Urban Serv- 
ices Agency; and 



206 ORDINANCES Ord. No. 910 

WHEREAS, it is intended that the aforementioned $18,303,100 
$17,916,000 for capital improvements will be made available to 
the Department of Housing and Community Development by 
supplementary appropriation ordinance; and 

WHEREAS, the money appropriated herein represents a grant 
from a public source which could not be expected with 
reasonable certainty at the time of formulation of the fiscal 1983 
Ordinance of Estimates; and 

WHEREAS, the supplementary special fund appropriation or- 
dained herein has been recommended to the City Council by the 
Board of Estimates, the said recommendation having been made 
at a regular meeting of said Board held on the 12th day of 
January, 1983, all in accordance with Article VI, Section 2(hX2) 
of the Baltimore City Charter (1964 Revision as amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 
2(hX2) of the 1964 revision of the Charter of Baltimore City, the 
sum of Eighteen SEVENTEEN Million Three NINE Hundred 
Three SIXTEEN Thousand One Hundred Dollars 
($ 1 8 ,30 3 ,100 $17,916,000) shall be made available to the Depart- 
ment of Housing and Community Development of the City of 
Baltimore as a supplementary special fund appropriation for the 
fiscal year ending June 30, 1983 for the purpose of carrying out 
capital improvements included in the Federal Community 
Development Block Grant Program for Baltimore City (Year 
IX), provided that said improvements shall consist of the follow- 
ing named projects: 

Allendale $ 90,000 

Barclay 150,600 

Coldstream-Homestead-Montebello 46,800 

Coldspring 145,000 

Communities to Impr. Life 133, 100 

Druid Heights 205,800 

East Baltimore Midway 127,000 
Emergency Demolition 274,500 200,000 
Fells Point 440,600 269,600 

Franklin Square 2,106,700 

Govans 133,600 

Greenmount West 342,400 

Inner Harbor East 175,000 

Inner Harbor I 125,000 

Inner Harbor West 185,000 



ORDINANCES 


4 


Johnston Square 


333,400 


Jonestown 


467,800 


Market Center 


1,542,000 


Midtown Belvedere 


114,400 


Middle East 


808,900 


Mondawmin Transit Station 


40,000 


Montgomery 


10,500 


Mount Clare 


71,500 


Mount Winans 


183,100 


Municipal Center 


20,000 


Neighborhood Housing Services 


150,000 


Oldtown 


33,900 


Oliver 


301,600 


Orchard-Biddle 


81,900 


Park Heights 


628,300 


Patterson Park 


162,500 


Penn North 


205,700 


Poppleton 


892,500 


Relocation and Property 




Management 


1,722,900 MOO^OO 


Reservoir Hill 


177,100 


Sandtown- Winchester 


247,800 257,800 


Sharp-Leadenhall 


151,200 


Upton 


957,900 1,207,900 


Urban Development Action Grant 


449,200 


Washington Hill-Chapel 


207,500 ^TS^OO 


Washington Village 


177,100 


Rehabilitation Aid 


1,800,000 


Economic Development (HCD) 


550,000 


Special Projects for Neighborhoods 


370,700 


Special Property Acquisition 


200,000 


DUNCAN 


125,500 


HARLEM PARK 


50,000 



207 



The amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds to 
the Mayor and City Council of Baltimore by the U.S. Depart- 
ment of Housing and Urban Development under Title I of the 
Housing and Community Development Act of 1974 as amended; 
said sum being specifically allotted to the Mayor and City Coun- 
cil for the aforesaid purpose; and said funds from said U.S. 
Department of Housing and Urban Development shall be the 
source of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2 of the Baltimore City 
Charter (1964 Revision as amended). 



208 ORDINANCES Ord. No. 911 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved March 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 911 
(Council No. 1482) 

AN ORDINANCE concerning 

BUILDING CODE -FLOOD PLAIN REGULATIONS 

FOR the purpose of adding coastal hazard zone regulations. 

BY adding to 
Article 32 -Building Code 
Sections 319.5A and 319.2-20 
Baltimore City Code (1976 Edition and 1982 Supplement) 

BY repealing and reordaining with amendments 
Article 32 -Building Code 
Sections 319.1, 319.7.1, 319.7.4, 319.9.1 
Baltimore City Code (1976 Edition and 1982 Supplement) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 32 -BUILDING CODE 

Article 3 -General Building Limitations 

SECTION 319.0 FLOOD PLAIN DISTRICT REGULATIONS 

319.1 Scope: To establish standards of construction techniques 
and materials for any new construction or substantial improve- 
ment of existing structures, for fill, for placement and construc- 
tion of utilities, for landscaping and for any other improvements 
which may hereafter be constructed, altered, or otherwise be 
located in a flood plain district or its constituent parts, the flood- 
way, the floodway fringe, the approximated flood plain, the har- 
bor flood zone [and], the shallow flood zone and the coastal 



ORDINANCES 209 

hazard zone. These regulations are in addition to all other laws, 
ordinances and regulations of Baltimore City regarding con- 
struction and land development as well as all applicable laws and 
regulations of the State of Maryland and appropriate Federal 
agencies. In case of conflict, the more stringent or restrictive re- 
quirements shall apply. 

[The flood plain delineation, showing all areas subject to inun- 
dation by a one hundred (100) year flood, is based on available in- 
formation, studies and engineering technology contained in the 
Flood Insurance Study for Baltimore City, effective March 15, 
1978, and as it may hereafter be revised or amended by the flood 
Insurance Administrator, prepared for the Department of Hous- 
ing and Urban Development, Federal Insurance Administration 
(hereinafter, "Flood Insurance Stud/').] 

The floodplain delineation, showing all areas subject to inunda- 
tion by a one hundred (100) year flood, is based on available infor- 
mation, studies and engineering technology contained in the 
Flood Insurance Study for Baltimore City, effective March 15, 
1978, AS revised en EFFECTIVE March 16, 1983 by the Flood 
Insurance Administration, prepared for the Department of 
Housing and Urban Development and Federal Emergency 
Management Agency, and as it may be further revised or 
amended by the Flood Insurance Administration (hereinafter, 
"Flood Insurance Study"). 

319.2 Definitions. 

20. " Coaatal Flood Zone (CFZ) COASTAL HAZARD ZONE 
(CHZ)" means those portions of coastal land subject to inundation 
from high velocity waters and wave action. 

8 19. 5 A Development requirements, construction methods and 
materials for the coastal hazard zone (CHZ): 

The following regulations shall apply in addition to the regula- 
tions cited in Section 3194 of this ordinance: 

319. 5 A. 1 No land below the level of the One Hundred (100) Year 
Tidal Flood may be developed unless the new construction or 
substantial improvements: 

1. is located landward of the reach of the mean high tide; 

2. is elevated on adequately anchored pike PILING or columns, 
and securely anchored to such pUes PILING or columns so that 



210 ORDINANCES Ord. No. 911 

the lowest portion of the structural members of the lowest floor 
EXCLUDING THE PILING AND COLUMNS** ARE elevated 
to at least one (1) foot above the One Hundred (100) Year Tidal 
Flood level. 

S. has been certified by a registered professional engineer or 
architect that it is securely anchored to adequately anchored pil- 
ings or columns in order to withstand HIGH velocity waters and 
hurricane wave wash. 

4. has no basement and has the space below the lowest floor free 
of obstructions or is constructed with "breakaway walls" intended 
to collapse under stress without jeopardizing the structural sup- 
port of the structure so that the impact on the structure by abnor- 
mally high tides or wind-driven water is minimized. Such tem- 
porarily enclosed space shall not be used for human habitation. 

5. does not utilize fill for structural support of buildings or 
structures. 

319. 5 A. 2 The placement of mobile homes is strictly prohibited. 

319.7 Building permits. 

319.7.1 [General: In addition to information normally provided 
on a building permit application and construction documents, 
the following must also be provided for development, new con- 
struction or substantial improvements to existing structures, 
located in the flood plain.] 

General: All necessary permits from the State of Maryland 
Water Resources Administration and appropriate Federal agen- 
cies shall be received prior to the issuance of a Baltimore City 
building permit. In addition to information nominally provided 
on a building permit application and construction documents, 
the following must also be provided for development, new con- 
struction or substantial improvements, to existing structures 
located in the floodplain. 

319.7.4 Utilities: All permit applications for development, new 
construction or substantial improvement shall include a plan 
drawing showing the location of all existing and proposed public 
and private utilities, facilities and drainage structures. The one 
hundred (100) year flood elevation shall be delineated on the 
plan. All plans shall be certified by a registered professional 
engineer, where required by Section 127.2, or a registered 



ORDINANCES 211 

architect and shall be reviewed by the building official to assure 
that: 

1. All such proposals are consistent with the need to minimize 
flood damage. 

[2. All necessary permits have been received from the State of 
Maryland, Water Resources Administration and appropriate 
Federal agencies.] 

[3]2. All public and private utilities and facilities (including 
sewer, water, telephone, electric, gas, etc.) are located and con- 
structed to minimize or eliminate flood damage. 

[A]3. Adequate drainage is provided to reduce exposure to 
flood hazard. 

319.9 Variances 

319.9.1 Conditions: Variances from the requirements of Sec- 
tions 319.4, 319.5 and 319.6 may be granted for structures in the 
floodway fringe, approximated flood plain, harbor flood zone, 
[and] shallow flood zone and coastal hazard zone for the follow- 
ing conditions: 

1. Severe hardship -for substantial improvements where, 
because of extraordinary circumstances, local conditions may 
render the application of certain standards a severe hardship. 

2. Harbor flood area -for new construction and substantial im- 
provements in the hazard area adjacent to the harbor defined as 
the harbor flood zone in Section 319.2 

Sec. 2. And be it further ordained, That this ordinance shall 
take effect thirty days from the date of it3 passage ON 
MARCH 16, 1983. 

Approved March 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



212 ORDINANCES Ord. No. 912 

No. 912 
(Council No. 1483) 

AN ORDINANCE concerning 

ZONING CODE -FLOOD PLAIN DISTRICTS 

FOR the purpose of adding the coastal hazard zone district and 
defining this zone. 

BY adding to 
Article 30 -Zoning 
Sections 3B.5A and 13.0-2-1SA 18A 
Baltimore City Code (1976 Edition as amended) 

BY repealing and reordaining with amendments 
Article 30 -Zoning 

Purpose paragraph, Chapter 3B AND SECTION 3B.8A 
Baltimore City Code (1976 Edition as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 -ZONING 

Chapter 3B 

Flood Plain Overlay District 

Purpose 

The Flood Plain Overlay District classification is designed to 
protect human life and health, to minimize damage to public and 
private property, to regulate appropriate use of land in a flood 
plain in order to prevent or minimize future flood damage, to 
protect the public water supply and sanitary sewage disposal 
systems, to preserve natural drainage systems, and to reduce 
financial burdens imposed on Baltimore City and its citizens by 
regulating the placement and use of structures and the use of 
land in the flood plain. 

Six [Five] flood plain districts, each designating a measurable 
degree of flood hazard, are provided. The flood plain is clearly 
delineated in the Flood Insurance Study, effective March 15, 
1978, prepared for the Department of Housing and Urban 
Development, Federal Insurance Administration and AS revised 
en EFFECTIVE March 16, 1983 for the Federal Emergency 



ORDINANCES 213 

Management Agency, Flood Insurance Administrator. Further 
amendment of the flood plain overlay district maps must be 
reviewed and approved by the Flood Insurance Administrator. 

SB. 5 A Coastal Hazard Zone 
a. Permitted uses, accessory uses and conditional uses. 
1. As set forth in each existing underlying district. 

3B.8 VARIANCES, SPECIAL EXCEPTIONS, AND CONDI- 
TIONAL USES 

A. VARIANCES, SPECIAL EXCEPTIONS AND CONDI- 
TIONAL USES MAY BE GRANTED BY THE BOARD AS 
PROVIDED IN CHAPTER 11 OF THIS ZONING OR- 
DINANCE. IN ADDITION TO THE STANDARDS PRO- 
VIDED IN CHAPTER 11, THE BOARD MAY GRANT 
VARIANCES, SPECIAL EXCEPTIONS, AND CONDI- 
TIONAL USES IN THE FLOODWAY FRINGE, APPROX- 
IMATED FLOOD PLAIN, HARBOR FLOOD ZONE, 
COASTAL HAZARD ZONE AND SHALLOW FLOOD ZONE 
FOR: 

(1) SEVERE HARDSHIP -FOR SUBSTANTIAL IM- 
PROVEMENTS WHERE, BECAUSE OF EXTRAOR- 
DINARY CIRCUMSTANCES, LOCAL CONDITIONS MAY 
RENDER THE APPLICATION OF CERTAIN STANDARDS 
A SEVERE HARDSHIP. 

(2) HARBOR FLOOD AREA -FOR NEW CONSTRUC- 
TION AND SUBSTANTIAL IMPROVEMENTS IN THE 
HAZARD AREA ADJACENT TO THE HARBOR, DEFINED 
AS THE HARBOR FLOOD ZONE, 

IN ACCORDANCE WITH THE FOLLOWING ADDITIONAL 
STANDARDS: 

(1) DETERMINATION THAT THE GRANTING OF A 
VARIANCE, SPECIAL EXCEPTION, OR CONDITIONAL 
USE WILL NOT RESULT IN INCREASED FLOOD 
HEIGHTS OR ADDITIONAL DANGER TO THE PUBLIC 
HEALTH, WELFARE OR SAFETY. 

(2) ALL SUCH PROPOSALS ARE CONSISTENT WITH 
THE NEED TO MINIMIZE FLOOD DAMAGE. 

(3) ALL NECESSARY PERMITS HAVE BEEN 
RECEIVED FROM THE STATE OF MARYLAND, WATER 



214 ORDINANCES Ord. No. 913 

RESOURCES ADMINISTRATION AND APPROPRIATE 
FEDERAL AGENCIES. 

(4) ALL PUBLIC AND PRIVATE UTILITIES AND 
FACILITIES (INCLUDING SEWER, WATER, TELE- 
PHONE, ELECTRIC, GAS, ETC.) ARE LOCATED AND 
CONSTRUCTED TO MINIMIZE OR ELIMINATE FLOOD 
DAMAGE. 

(5) ADEQUATE DRAINAGE IS PROVIDED TO 
REDUCE EXPOSURE TO FLOOD HAZARD. 

Chapter 13 

Rules and Definitions 

13.0-2 Definitions. 

1-6A 18A. Coastal hazard zone (CHZ): Those portions of coastal 
land subject to inundation from high velocity waters and wave 
action. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect thirty days from the date of its passage ON 
MARCH 16, 1983. 

Approved March 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 913 
(Council No. 1059) 

AN ORDINANCE concerning 

ZONING— UPHOLSTERING SHOPS 

FOR the purpose of adding upholstering shops to the list 
of conditional uses that the Board can allow in the B-2 
and B-4 Districts. 

BY adding to 

Article 30 — Zoning Code 

Chapter 6 — Business Districts 

Section 6.2-lc-8 

Baltimore City Code (1976 Edition, as amended) 



ORDINANCES 215 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed, or amended, 
to read as follows : 

Article 30 — Zoning Code 

Chapter 6 — Business Districts 

6.2-1 

c. Conditional uses. 

8. Upholstenng shops 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 23, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 914 
(Council No. 1469) 

AN ORDINANCE concerning 

URBAN RENEWAL-MIDDLE BRANCH- 
AMENDMENT NO. 1 

FOR the purpose of amending the Urban Renewal Plan for 
Middle Branch to, among other things, (1) revise the project 
boundary to exclude the parcel of land known as 2401/2417 
Kloman Street; (2) delete 2401/2417 Kloman Street from 
acquisition and disposition; (3) authorize the acquisition of Lot 
1A, Block 7611, Section 5, Ward 25, said Lot being on the 
north side of Waterview Avenue, 464 feet east of Kloman 
Street; (4) revise certain appendices and exhibits attached to 
the Urban Renewal Plan to reflect the changes proposed 
herein; (5) waive such requirements, if any, as to content or 
procedure for the preparation, adoption, and approval of 
renewal plans as set forth in Article 13 of the Baltimore City 
Code (1976 Edition, as amended) which the Urban Renewal 
Plan for Middle Branch may not meet; (6) provide for the 



216 ORDINANCES Ord. No. 914 

separability of the various parts and applications of this ordi- 
nance; (7) provide that where the provisions of this ordinance 
shall conflict with any other ordinance, code or regulation in 
force in the City of Baltimore, the provision which establishes 
the higher standard shall prevail; and (8) provide for an effec- 
tive date hereof. 

WHEREAS, an Urban Renewal Plan for Middle Branch was ap- 
proved by the Mayor and City Council of Baltimore by Ordinance 
No. 1146, dated July 27, 1979; and 

WHEREAS, the Department of Housing and Community 
Development has concluded that the 6.282 acre parcel of land 
known as 2401/2417 Kloman Street is not needed for urban 
renewal purposes and should be deleted from the Middle Branch 
Urban Renewal Area boundaries and from acquisition and 
disposition; and 

WHEREAS, pursuant to Article 13 of the Baltimore City Code 
(1976 Edition, as amended), no substantial change or changes 
shall be made in any renewal plan, after approval by ordinance, 
without such change or changes first being adopted and ap- 
proved in the same manner as set forth in said Article 13 for the 
approval of a renewal plan, namely the preparation of such 
change or changes by the Department of Housing and Communi- 
ty Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adop- 
tion by an ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner set 
forth in said Article 13; and 

WHEREAS, extensive change in the Urban Renewal Plan make 
it infeasible to make line-by-line changes; therefore, the Depart- 
ment of Housing and Community Development has prepared an 
amended Urban Renewal Plan for Middle Branch; and 

WHEREAS, said amended Urban Renewal Plan for Middle 
Branch has been approved by the Director of the Department of 
Planning with respect to its conformity as to the Master Plan, 
the detailed location of any public improvements proposed in the 
amended Renewal Plan, its conformity as to the rules and 
regulations for subdivisions, and its conformity to existing zon- 
ing classifications; and said amended Renewal Plan has been ap- 
proved and recommended to the Mayor and City Council of 
Baltimore by the Commissioner of the Department of Housing 
and Community Development; now, therefore, 



ORDINANCES 217 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the amended Urban Renewal Plan for Middle 
Branch, identified as "Urban Renewal Plan, Middle 
Branch .... revised to include Amendment No. 1, dated 
December 1, 1982," is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative Reference as 
a permanent public record and make the same available for 
public inspection and information. 

SEC. 2. And be it further ordained, That the boundaries of the 
Middle Branch Urban Renewal Area shall be revised to exclude 
the parcel of land known as 2401/2417 Kloman Street, con- 
sisting of 6.282 acres; therefore, Section 1 of Ordinance No. 
1146, dated July 27, 1979 (page 3, lines 7 through 28), is hereby 
amended to read as follows: 

Beginning for the same at the intersection formed by the 
north side of Cherry Hill Road and, the west side of the east 
drive of Potee Street and the south side of the west drive of 
Potee Street, thence binding on the south side of the west drive 
of Potee Street westerly, to intersect the south side of Water- 
view Avenue, thence continuing westerly, binding on the south 
side of Waterview Avenue to intersect the [east side of Kloman 
Street,] west side of Cherry Hill Road, thence crossing Water- 
view Avenue and continuing northerly binding on the [west] east 
boundary line of Lot 1, Block 7611, to the waters of the Middle 
Branch of the Patapsco River; thence northerly with the 
meanders of the waters of the Middle Branch of the Patapsco 
River to intersect the common boundary line between Lot 
[number] 1, Block 7611 and Lot [number] 6/10, Block 7612; 
thence continuing and binding on said common boundary line 
easterly to intersect the southern pierhead line of Lot 6/10, 
Block 7612; established by the United States government in 
1915, thence binding on said pierhead line easterly, northerly, 
and easterly to intersect the west side of South Hanover Street, 
thence continuing and binding on the west side of South 
Hanover Street southerly to intersect the west side of the east 
drive of Potee Street, thence continuing and binding on the west 
side of the east drive of Potee Street in a southerly direction to 
the point of beginning. 

SEC. 3. And be it further ordained, That it is necessary to 
delete the parcel of land known as 2401/2417 Kloman Street 
from the list of properties to be acquired in Section 2 of Or- 



218 ORDINANCES Ord. No. 914 

dinance No. 1146, dated July 27, 1979 and to delete the 
aforementioned parcel of land from disposition, as shown in the 
Urban Renewal Plan on Land Disposition, Exhibit 3. 

SEC. 4. And be it further ordained, That it is necessary to 
authorize the acquisition of Lot 1A, Block 7611, Section 5, Ward 
25, said Lot being on the north side of Waterview Avenue, 464 
feet east of Kloman Street (said Lot formerly being a part of 
2401/2417 Kloman Street); therefore, said Lot 1A, Block 7611 is 
hereby added to the list of properties to be acquired in Section 2 
of Ordinance No. 1146, dated July 27, 1979. 

SEC. 5. And be it further ordained, That the following revised 
Appendices and Exhibits attached to the Urban Renewal Plan 
are hereby approved: Appendix A, Non-Conforming Uses; Ap- 
pendix B, Non-Complying Uses; Exhibit 1-Land Use; Exhibit 
2 -Property Acquisition; Exhibit 3 -Land Disposition; and Ex- 
hibit 4 - Zoning Districts, all dated as revised December 1, 1982. 

SEC. 6. And be it further ordained, That in whatever respect, if 
any, the said amended Renewal Plan approved hereby may not 
meet the requirements as to the content of a renewal plan or the 
procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore City 
Code (1976 Edition, as amended), the said requirements are 
hereby waived and the amended Renewal Plan approved hereby 
is exempted therefrom. 

SEC. 7. And be it further ordained, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the applica- 
tion thereof to any person or circumstances is invalid, the re- 
maining provisions and the application of such provisions to 
other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 8. And be it further ordained, That in any case where a 
provision of this ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, plumb- 
ing, health, fire or safety ordinance or code or regulation, the ap- 
plicable provisions concerned shall be construed so as to give ef- 
fect to each; provided, however, that if such provisions are found 



ORDINANCES 219 

to be in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this or- 
dinance is found to be in conflict with an existing provision of 
any other ordinance or code or regulation in force in the City of 
Baltimore which establishes a lower standard for the promotion 
and protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to 
the extent that it may be found in conflict with this ordinance. 

SEC. 9. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved March 23, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 915 
(Council No. 1477) 



AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 

(DIAGNOSTIC RADIOLOGY ASSOCIATES COMPUTER 

IMAGING PROJECT). 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore (the "City") to issue, sell and deliver, 
at any time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds, to be 
designated "Baltimore City, Maryland Industrial Development 
Revenue Bonds (Diagnostic Radiology Associates Computer 
Imaging Project)", in the aggregate principal amount not to 
exceed $3,300,000, pursuant to Sections 266A to 266-1, in- 
clusive, of Article 41 of the Annotated Code of Maryland (1982 
Replacement Volume), as amended, for the sole and exclusive 
purpose of financing the costs, charges, fees and expenses in 
connection with one or more of the following (i) the acquisition 



220 ORDINANCES Ord. No. 915 

of an interest in land on the grounds of Good Samaritan 
Hospital, 5601 Loch Raven Boulevard in the City of Baltimore 
(the "Land"), (ii) the construction of a building of approximate- 
ly 15,000 to 25,000 square feet on the land (the "Building"), (hi) 
the acquisition and improvement of a leasehold interest in a 
building presently under construction on the grounds of Good 
Samaritan Hospital (the "Leasehold"), (iv) the acquisition and 
installation in the leasehold and the building of CAT scanning 
equipment, radiotherapy equipment, other related equipment, 
and any or all other improvements therein as may be 
necessary or useful in connection with the operation of bor- 
rower's business, and (v) the acquisition of such other interests 
in land as may be necessary or suitable for the foregoing, in- 
cluding roads and rights of access, utilities and other 
necessary site preparation facilities (collectively the 
"Project"), and (if necessary) the funding of reserves and pay- 
ment of interest on such bonds; making certain legislative 
findings; authorizing the loan of the proceeds of the Bonds to 
Diagnostic Radiology Associates Computer Imaging (the 
"Borrower"); authorizing and empowering the Board of 
Finance of the City, prior to the issuance, sale and delivery of 
such bonds, to adopt a resolution pursuant to which the Board 
of Finance shall (a) specify, prescribe, determine, provide for 
or approve certain details, forms, documents or procedures in 
connection with the bonds issued hereunder and the loan of 
the proceeds of such bonds to the Borrower and any other 
matters necessary or desirable in connection with the 
authorization, issuance, sale, and payment of such revenue 
bonds, including, but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling, and the time or 
times of issuance, and any and all other details of such bonds, 
and (b) do any and all things necessary, proper or expedient in 
connection with the issuance and sale of such bonds; providing 
that the Borrower shall agree to submit certain plans and 
specifications to, and to coordinate with, the Department of 
Housing and Community Development and the Department of 
Planning in connection with the acquisition and installation of 
the Project; authorizing the Mayor of the City to accept the 
letter of intent from the Borrower dated January 10, 1983; 
providing that the authorization for the issuance of bonds 
hereunder shall be of limited duration; and generally providing 
for and determining various matters and details in connection 
with the authorization, issuance, security, sale and payment of 
such bonds. 



ORDINANCES 221 

RECITALS 

The Maryland Economic Development Revenue Bond Act, 
Sections 266 A through 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1982 Replacement Volume) (the 
"Act") constitutes those provisions of Maryland law authorizing 
the issuance of industrial development revenue bonds by all the 
counties and municipalities of the State of Maryland (the 
"State"). 

The Act empowers the Mayor and City Council of Baltimore 
(the "City") and the counties and municipalities of the State to 
issue revenue bonds, and to loan the proceeds of the sale of such 
revenue bonds to a facility applicant (as defined in the Act) to 
finance the acquisition (as that term is defined in the Act) by 
such facility applicant of a facility (as that term is defined in Sec- 
tion 266A of the Act). The Act declares it to be its legislative 
purpose to relieve conditions of unemployment in the State, to 
encourage the increase of industry and commerce and a bal- 
anced economy in the State, to assist in the retention of existing 
industry and commerce and in the attraction of new industry 
and commerce in the State through, among other things, port 
development and the control, reduction or abatement of pollu- 
tion of the environment and the utilization and disposal of 
wastes (where the proceeds of such bonds are used for such pur- 
pose), to promote economic development, to protect natural 
resources and encourage resource recovery and, generally, to 
promote the health, welfare and safety of the residents of each 
of the counties and municipalities of the State. 

The City has received a letter of intent (as contemplated by 
Section 266A(h) of the Act) dated January 10, 1983 (the "Letter 
of Intent"), from Diagnostic Radiology Associates Computer Im- 
aging, a Maryland general partnership, and a facility applicant 
(as defined in the Act), and a facility user (as defined in the Act) 
(hereinafter referred to as the "Borrower"), pursuant to which 
the Borrower has requested the City to participate in the financ- 
ing of the acquisition (within the meaning of the Act) by the Bor- 
rower of a facility (within the definition of the Act) to be located 
in Baltimore City, Maryland (the "Facility") by the issuance and 
sale by the City of its Baltimore City, Maryland Industrial 
Development Revenue Bonds (Diagnostic Radiology Associates 
Computer Imaging Project) (the "Bonds"), in an aggregate prin- 
cipal amount not exceeding $3,300,000, and by loaning the pro- 
ceeds of the Bonds to the Borrower upon the terms and condi- 
tions of one or more loan or other agreements to be entered into 



222 ORDINANCES Ord. No. 915 

between the City and the Borrower (collectively, the "Loan 
Agreement"), as permitted by the Act (such loan being herein 
referred to as the "Loan"). 

The Facility will consist generally of one or more of the follow- 
ing (i) the acquisition of an interest in land on the grounds of 
Good Samaritan Hospital, 5601 Loch Raven Boulevard in the 
City of Baltimore (the "Land"), (ii) the construction of a building 
of approximately 15,000 to 25,000 square feet on the Land (the 
"Building"), (iii) the acquisition and improvement of a leasehold 
interest in a building presently under construction on the 
grounds of Good Samaritan Hospital (the "Leasehold"), (iv) the 
acquisition and installation in the Leasehold and the Building of 
CAT scanning equipment, radiotherapy equipment, other 
related equipment, and any or all other improvements therein as 
may be necessary or useful in connection with the operation of 
Borrower's business, and (v) the acquisition of such other in- 
terests in land as may be necessary or suitable for the foregoing, 
including roads and rights of access, utilities and other 
necessary site preparation facilities. 

The Loan Agreement will require the Borrower (a) to use the 
proceeds of the Bonds solely to finance the acquisition of the 
Facility, to pay the necessary costs of preparing, printing, sell- 
ing and issuing the Bonds, the funding of reserves, and the pay- 
ment of interest with respect to such financing, in such amounts 
or for such period as the Board of Finance of the City deems 
reasonable, or to finance other costs permitted by the Act, and 
(b) to make Loan payments which will be sufficient to pay the 
principal of, and interest and redemption premium, if any, on 
the Bonds and all expenses incurred by the County in connection 
with the issuance and sale of the Bonds and the making and ad- 
ministration of the Loan, as the same become due and payable. 

The City has determined to accept the Letter of Intent, to 
issue and sell Bonds in an aggregate principal amount not ex- 
ceeding $3,300,000 and to lend the proceeds of the Bonds to the 
Borrower on the terms and conditions to be set forth in the Loan 
Agreement in order to help finance the acquisition of the Facili- 
ty by the Borrower and thereby facilitate the leasing of the 
Facility to the Facility User. It has further determined that such 
action should be taken in order (i) to relieve conditions of 
unemployment in the City and in the State, (ii) to encourage the 
increase of industry and commerce and a balanced economy in 
the State, (iii) to promote economic development, and (iv) 



ORDINANCES . 223 

generally, to promote the health, welfare and safety of the 
residents of the City and the State. 

As security for the Bonds, the City will, for each series of the 
Bonds, enter into either (a) a Trust Agreement (the "Trust 
Agreement") with a corporate Trustee (the "Trustee") to be ap- 
pointed by the Board of Finance of the City (the "Board") or (b) 
an Assignment and Security Agreement or other similar agree- 
ment (the "Assignment") with the original purchaser of the 
Bonds (the "Original Purchaser"), and, if appropriate, a trustee 
or trustees (which may be the Original Purchaser) (the "Project 
Fund Trustee"). Pursuant to the Trust Agreement or the 
Assignment, the City will assign to the Trustee or, if the Assign- 
ment is entered into, the Original Purchaser, its successors and 
assigns, (among other things) (a) all of the City's right, title and 
interest in and to and remedies under the Loan Agreement, in- 
cluding (without limitation) all security referred to therein, ex- 
cepting only the rights of the City to indemnification by the Bor- 
rower and to payments to the City for expenses incurred by the 
City itself, (b) the receipts and revenues of the City from the 
Loan, (c) certain moneys which are at any time or from time to 
time on deposit with the Trustee or the Project Fund Trustee, 
(d) all right, title and interest in and to and remedies with 
respect to any and all other property of every description and 
nature from time to time by delivery or by writing of any kind 
conveyed, pledged, assigned or transferred, as and for addi- 
tional security for the Bonds, and (e) all of the City's right, title 
and interest in and to and remedies under such other documents, 
including (without limitation) mortgages, deeds of trust, guaran- 
ties and security instruments, as the Board shall deem necessary 
to effectuate the issuance, sale and delivery of the Bonds and 
which the Board shall approve by a resolution or resolutions (the 
"Resolution") to be adopted by the Board prior to the issuance, 
sale and delivery of any of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE ACT: 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Act, it is hereby found 
and determined as follows: 

(a) The issuance of the Bonds by the City pursuant to the Act 
in order to loan the proceeds thereof to the Borrower for the sole 
and exclusive purpose of financing its acquisition (as that term is 
used in the Act) of the Facility and to pay the costs of preparing, 



224 ORDINANCES Ord. No. 915 

printing and selling the Bonds, to fund reserves, to pay interest 
on the Bonds and to pay other costs permitted by the Act, will 
facilitate and expedite the acquisition of the Facility by the 
Borrower. 

(b) The accomplishment of the transactions contemplated and 
authorized by this Ordinance, including (without limitation) the 
acquisition of the Facility by the Borrower and the financing 
thereof, will (i) sustain jobs and employment opportunities and 
aid in maintaining employment, thus relieving conditions of 
unemployment in the State and in the City; (ii) encourage the in- 
crease of industry and commerce and a balanced economy in the 
State and in the City; (iii) promote economic development; and 
(iv) generally promote the health, welfare and safety of the 
residents of the State and of the City. 

(c) The Facility constitutes a "facility" within the meaning of 
the Act, and the Borrower is a "facility applicant" and "facility 
user" (as those terms are defined in the Act) as evidenced by the 
Letter of Intent, which is a letter of intent within the meaning of 
the Act. 

(d) In addition to authorizing the City itself to acquire the 
Facility and either to lease or to sell such Facility to the Bor- 
rower or to otherwise accomplish the financing of the acquisi- 
tion, the Act also authorizes the financing of the Facility to be 
accomplished in the form of a loan to the Borrower and the ac- 
quisition of the Facility by the Borrower with the loan proceeds. 
The loan form of transaction avoids indirect costs and burdens 
of the City by not requiring any direct involvement by the City in 
the construction, ownership or administration of the Facility; it 
permits, however, controls to be imposed on the use of the pro- 
ceeds of the sale of the Bonds to insure that the public purposes 
of the Act and the Bonds are fully accomplished. It is, therefore, 
in the best interests of the citizens of the City to finance the ac- 
quisition of the Facility by a loan of the Bond proceeds to the 
Borrower, and the acquisition of the Facility by the Borrower 
with the loan proceeds. This Ordinance contemplates and 
authorizes a transaction in the form of a loan by the City of the 
proceeds of the Bonds to the Borrower rather than a transaction 
in the form of a lease or sale of the Facility to the Borrower or 
some other form of financing as permitted by the Act. Accord- 
ingly, this Ordinance, together with the Loan Agreement and 
other contracts, instruments and agreements authorized 
hereby, will contain such provisions as the City deems ap- 



ORDINANCES . 225 

propriate to effect the financing of the Facility by the loan form 
of transaction. 

(e) Neither the Bonds nor the interest thereon shall ever con- 
stitute a pledge of, or involve the faith and credit or the taxing 
power of, the City, and neither shall constitute a debt of the City 
within the meaning of Section 7 of Article XI of the Constitution 
of Maryland or any other constitutional, statutory or charter 
provision limiting or restricting the sale or issuance of bonds, 
notes or other obligations of the City, and neither shall ever con- 
stitute or give rise to any pecuniary liability of the City. The 
Bonds and the interest thereon shall be limited obligations of the 
City, repayable by the City solely from the revenue derived from 
Loan repayments (both principal and interest) made to the City 
by the Borrower on account of the Loan, and from any other 
moneys made available to the City for such purposes. The pro- 
ceeds of the Bonds will be paid directly to (a) the Trustee to be 
held and disbursed by the Trustee as provided in the Trust 
Agreement or (b) if deemed appropriate by the Board, by the 
Project Fund Trustee as provided in the Assignment or, (c) if 
deemed appropriate by the Board, the Borrower, to be approved 
by the Board in the Resolution. Payments of the principal of and 
premium (if any) and interest on the Loan will be paid by the 
Borrower directly to the Trustee as provided in the Trust Agree- 
ment or to the Original Purchaser, its successors and assigns, as 
provided in the Assignment, to be approved by the Board in the 
Resolution. No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the City, but 
will be subject only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that the pro- 
ceeds of the Bonds are used to accomplish the public purposes of 
the Act and this Ordinance. The loan form of the transaction 
authorized hereunder shall in no event constitute a capital proj- 
ect within the meaning of any charter or statutory provision. 
The public purposes expressed in the Act are to be achieved by 
facilitating the acquisition and installation of the Facility by the 
Borrower. 

(f) The City will acquire no interest in the Facility other than 
(a) any general interest in the Borrower's property shared by all 
holders of the Borrower's obligations which rank and are 
secured equally with the Borrower's obligations pursuant to the 
Loan Agreement, (b) any lien and security interest created by 
the Loan Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument executed 



226 ORDINANCES Ord. No. 915 

and delivered by the Borrower or any third party as security for 
the Loan or the revenue bonds as the Board may provide for and 
approve in the Resolution. The security for the revenue bonds 
shall be solely and exclusively (a) the absolute, irrevocable and 
unconditional obligations of the Borrower to make the payments 
required by the Loan Agreement, (b) moneys realized from the 
liquidation of any lien and security interest created by the Loan 
Agreement and of any other lien or security interest created 
with respect to any property as security for the Loan or the 
revenue bonds as the Board may provide for and approve in the 
Resolution, and (c) moneys realized from any guaranty of the 
revenue bonds or of the Loan as the Board may provide for and 
approve in the Resolution. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue, sell and deliver, at any time 
or from time to time and in one or more series, and as limited 
obligations of the City and not upon its full faith and credit, its 
Baltimore City, Maryland Industrial Development Revenue 
Bonds (Diagnostic Radiology Associates Computer Imaging 
Project), in the aggregate principal amount not to exceed 
$3,300,000, subject to the provisions of this Ordinance. The pro- 
ceeds of the Bonds will be loaned to the Borrower pursuant to 
the terms and provisions of the Loan Agreement, to be used by 
the Borrower for the sole and exclusive purpose of financing the 
costs of the acquisition and installation of the Facility and the 
funding of reserves and payment of interest on the Bonds, to the 
extent permitted in the Resolution. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable by the 
City solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the Borrower 
pursuant to the Loan Agreement and from any other moneys 
made available to the City for such purpose. The security for the 
Bonds shall be solely and exclusively as provided in Section 1 of 
this Ordinance. 

SEC. 3. And be it further ordained, That each of the Bonds 
shall bear the descriptive title "Baltimore City, Maryland In- 
dustrial Development Revenue Bond (Diagnostic Radiology 
Associates Computer Imaging Project)", provided that the 
descriptive title may contain such other descriptive information 
as the Board may prescribe in the Resolution (e.g. "1983 
Series"). The Bonds shall bear interest at the rate or rates of in- 
terest to be determined by negotiation with the original pur- 



ORDINANCES 227 

chaser or purchasers of the Bonds and to be approved and 
prescribed by the Board in the Resolution. 

SEC. 4. And be it further ordained, That the definitive Bonds, 
which may be engraved, printed or typewritten, including the 
Trustee's Certificate of Authentication, to be endorsed thereon, 
if the Trust Agreement is entered into, shall be in such form, not 
inconsistent with the Act and the provisions of this Ordinance, 
as the Board may approve in the Resolution. 

SEC. 5. And be it further ordained, That the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of 
the City, by his manual or facsimile signature, and by the Direc- 
tor of Finance of the City, by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by a 
Custodian of the City Seal, by his manual signature. The Loan 
Agreement, the Trust Agreement or the Assignment and, 
where applicable, all other documents as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of the 
Bonds, shall be executed in the name of the City and on its behalf 
by the Mayor of the City by his manual or facsimile signature, 
and, if applicable, the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by a Custodian of the City Seal by his manual signature. 
In case any officer whose signature or a facsimile of whose 
signature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery of 
the Bonds or any of the other aforesaid documents, such 
signature or such facsimile shall nevertheless be valid and suffi- 
cient for all purposes, the same as if such officer had remained in 
office until delivery. The Mayor of the City, the Director of 
Finance of the City, a Custodian of the City Seal and other of- 
ficials of the City are hereby authorized and empowered to do all 
acts and things and execute such documents and certificates as 
the Board may determine in the Resolution to be necessary to 
carry out and comply with the provisions hereof. 

SEC. 6. And be it further ordained, That the Bonds shall be ex- 
ecuted, issued and delivered at any time or from time to time 
and in one or more series and in such amount or amounts not ex- 
ceeding, in the aggregate, the principal amount of $3,300,000 as 
the Board shall prescribe in the Resolution. 



228 ORDINANCES Ord. No. 915 

SEC. 7. And be it further ordained, That the Bonds shall be 
dated, shall be in such denominations, shall be of such form and 
tenor, and shall be payable in such amounts, at such times and at 
such place or places as the Board shall prescribe in the Resolution. 

SEC. 8. And be it further ordained, That prior to the issuance, 
sale and delivery of the Bonds, the Board shall adopt a Resolu- 
tion pursuant to which the Board is hereby authorized to specify, 
determine, provide for or approve, all or any of the following 
matters, details, forms, documents or procedures in connection 
with the Loan and the Bonds: 

(a) The terms and provisions of the Bonds, including, without 
limitation, the principal amount of the Bonds, the maturity or 
maturities of the Bonds, the rate or rates of interest the Bonds 
are to bear and the redemption provisions of the Bonds; 

(b) The form and tenor of the Bonds, including the determina- 
tion as to whether the Bonds shall be issued in one or more 
series, the form in which the Bonds are issued, and the designa- 
tion of each series of Bonds; 

(c) The terms and provisions and form of the Loan Agreement 
between the City and the Borrower and the terms and provi- 
sions and form of any notes or other evidences of obligation 
issued by the Borrower pursuant to the Loan Agreement; 

(d) The terms and provisions and form of the Assignment or 
Trust Agreement by which the City assigns transfers, without 
recourse, all of its rights, title and interest in and to, and 
remedies with respect to (except for certain rights to indem- 
nification and to payment of administrative expenses of the 
City, including any enforcement remedies available to the City 
with respect thereto) the receipts and revenues of the City from 
the Loan as set forth in Section 1 hereof, such Assignment to 
provide, in substance, that the holders of the Bonds, the agent, 
or the trustee or trustees, if any, appointed pursuant to the 
Assignment, shall enforce each and every right, power or 
remedy granted to the City pursuant to the Loan Agreement 
and any mortgage, deed of trust, assignment of leases, security 
agreement or any contract, agreement, trust or other instru- 
ment (including, without limitation, any guaranty agreement) 
executed and delivered in connection with the Loan, and that 
nothing in the Loan Agreement, the aforesaid instruments, or 
the Assignment or Trust Agreement, shall obligate the City to 
act or refrain from acting under such instruments, it being 



ORDINANCES 229 

understood that the holders of the Bonds shall look solely to 
themselves and any agent, trustee or trustees appointed pur- 
suant to the Assignment for enforcement of the rights and 
remedies under the Loan Agreement, such instruments and the 
Bonds available to the holders of the Bonds or for the benefit of 
the holders of the Bonds; 

(e) The determination as to whether the proceeds of the Bonds 
shall be paid directly to the Borrower or paid to, and disbursed 
by, a trustee or trustees or agent for the benefit of the holders of 
the Bonds, if any such agent, trustee or trustees is appointed, 
and, if necessary, the appointment of such agent, trustee or 
trustees, provided that such agent, trustee or trustees shall have 
been approved by the original purchasers of the Bonds or shall 
be a financial institution which regularly serves in such a capaci- 
ty or a similar capacity; 

(f) The determination as to whether the Loan payments shall 
be made directly to the holder or holders of the Bonds or to an 
agent, trustee or trustees for the benefit of the holders of the 
Bonds, and, if necessary, the appointment of such agent, trustee 
or trustees, provided that such agent, trustee or trustees shall 
have been approved by the original purchasers of the Bonds or 
shall be a financial institution which regularly serves in such 
capacity or a similar capacity; 

(g) The determination as to whether the assignment of the 
receipts and revenues of the City from the Loan should be made 
directly to the holder of the Bonds or to an agent, trustee or 
trustees for the benefit of the holders of the Bonds, and, if 
necessary, the appointment of such agent, trustee or trustees, 
provided that such agent, trustee, or trustees shall have been ap- 
proved by the original purchasers of the Bonds or shall be a 
financial institution regularly serving in such capacity or a 
similar capacity; 

(h) The form of, and the terms and provisions of any mortgage, 
deed of trust, assignment of leases or security agreement or 
other security instrument covering the Facility or any portion 
thereof or any interest therein or any other property as security 
for the Loan or the Bonds; 

(i) The terms and the provisions of any contract, agreement, 
trust or other instrument (including, without limitation, any 
guaranty agreement) which it deems necessary or appropriate in 



230 ORDINANCES Ord. No. 915 

connection with the issuance, sale and delivery of the Bonds, the 
making of the Loan and the acquisition of the Facility; 

(j) To the extent it considers necessary or appropriate in any of 
the documents referred to above, the determination of any pro- 
visions regarding the commencement and completion of the 
Facility, provisions regarding damage to and condemnation of 
the Facility or any part thereof, provisions for the appointment 
of an authorized City representative and an authorized Bor- 
rower representative, provisions and covenants with respect to 
the use, maintenance, modification, operation and transfer of, 
and access to, the Facility; provisions with respect to the is- 
suance, application, use and disbursement of the proceeds of the 
Bonds; provisions for the funding of reserves for the Bonds; pro- 
visions for the payment of interest on the Bonds for a period 
which it deems reasonable; provisions regarding the assignment 
of the Loan Agreement and any instrument referred to above, 
provisions regarding the remedies of the holders of the Bonds 
and any agent, trustee or trustees appointed pursuant to any of 
the documents above in the event of a default under any such 
documents; and such other terms; provisions and conditions as it 
may determine to be necessary or appropriate in connection 
with the issuance, sale and delivery of the Bonds and the making 
of the Loan; 

(k) The determination of the form and content of any repre- 
sentations, warranties, findings and affirmative and negative 
covenants of the City, the Borrower and any other party which 
may be contained in any of the documents referred to above; 

(1) Provisions for the amendment or modification of the Loan 
Agreement, the Assignment or Trust Agreement, any assign- 
ment of leases, any trust agreement, any guaranty agreement, 
any deed of trust, any mortgage or any other security agree- 
ment or other instrument executed in connection with the Loan, 
or with the sale, issuance and delivery of the Bonds, including 
any certificate, financing statement and any statement of elec- 
tion as required pursuant to Section 103(b)(6)(D) of the Internal 
Revenue Code of 1954, as amended; 

(m) A determination of the identity of any investment banker, 
underwriter, placement agents or other broker to be employed 
by or on behalf of the City in connection with the issuance, sale 
and delivery of the bonds and the form of any preliminary and 



ORDINANCES 231 

final official statement issued in connection with any public of- 
fering of the Bonds or any offering memorandum or other of- 
ficial informational document prepared in connection with any 
private placement of the Bonds; 

(n) The determination of the date, time and place when any 
purchase agreement or proposal shall be submitted for the 
Bonds, the terms or provisions of any such agreement or pro- 
posal and such other matters as the underwriters, investment 
bankers or other placement agents employed in connection with 
the issuance of the Bonds may request; and 

(o) Such other matters, details, forms, documents or pro- 
cedures as he may deem appropriate or desirable to the sale, 
security, issuance, delivery or payment of or for the Bonds for 
the Loan, including, without limitation, the creation of security 
for the Bonds and the Loan and provision for the administration 
of the Bonds, such as trusts or other instruments with banks or 
trust companies regarding countersignature or delivery of the 
Bonds or security for the Bonds or the Loan. 

SEC. 9. And be it further ordained, That neither the Bonds nor 
the interest thereon shall ever constitute a pledge of or involve 
the faith and credit or the taxing power of the City, and neither 
shall ever constitute a debt of the City within the meaning of 
Section 7 of Article XI of the Constitution of Maryland or any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of the bonds, notes or other 
obligations of the City, and neither shall ever constitute or give 
rise to any pecuniary liability of the City. The Bonds, and the in- 
terest thereon, shall be limited obligations of the City, the prin- 
cipal of and interest on which Bonds shall be payable by the City 
solely from the revenue derived from Loan repayments (both 
principal and interest) made to the City by the Borrower on ac- 
count of the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any other 
moneys made available to the City for such purpose. The pro- 
ceeds of the Bonds will be paid directly to the Trustee or the 
Project Fund Trustee to be held and disbursed by the Trustee as 
provided in the Trust Agreement or if deemed appropriate by 
the Board, by the Project Fund Trustee as provided in the 
Assignment or if deemed appropriate by the Board, such pro- 
ceeds will be paid to or for the benefit of the Borrower, to be ap- 
proved by the Board in the Resolution. No such moneys will be 
commingled with the City's funds or will be subject to the ab- 



232 ORDINANCES Ord. No. 915 

solute control of the City, but will be subject only to such limited 
supervision and checks as are deemed necessary or desirable by 
the City to insure that the proceeds of the Bonds are used to ac- 
complish the public purposes of the Act and this Ordinance. 

SEC. 10. And be it further ordained, That in consideration of 
the purchase and acceptance of the Bonds by those who shall 
hold the Bonds from time to time, the City does hereby, and by 
the execution and delivery of the Trust Agreement or the 
Assignment to be approved by the Board shall, set aside and 
pledge the income and revenue under the Loan Agreement 
(other than payments to the City for indemnification or to reim- 
burse the City for expenses incurred by the City itself) to the 
Trustee or, if the Assignment is entered into, the Original Pur- 
chaser, its successors and assigns, to be used and applied for the 
payment of the principal of and interest on the Bonds. Pursuant 
to the terms of the Loan Agreement, to be approved by the 
Board in the Resolution, payments sufficient for the prompt pay- 
ment when due of the principal of, premium, if any, and interest 
on the Bonds are to be paid by the Borrower to the Trustee for 
the benefit of the holders of the Bonds or, if the Assignment is 
entered into, to the Original Purchaser, its successors and 
assigns, for the account of the City. 

SEC. 11. And be it further ordained, That the Borrower shall 
agree that: 

(a) It will submit any plans and specifications for the acquisi- 
tion and installation of any portion of the Facility (other than the 
acquisition and installation of equipment only) to the Depart- 
ment of Housing and Community Development and the Depart- 
ment of Planning for approval, and that the Department of 
Housing and Community Development and the Department of 
Planning may refuse approval of any plans and specifications for 
aesthetic or functional reasons; and 

(b) With respect to such portion of the Facility, the Borrower 
will work with the design advisory group appointed by the 
Department of Housing and Community Development and the 
Department of Planning in order to achieve high quality site, 
building and landscape design. 

SEC. 12. And be it further ordained, That the Mayor of the 
City is hereby authorized to accept the Letter of Intent on behalf 



ORDINANCES 233 

of the City in order to further evidence the commitment of the 
City to issue the Bonds for the benefit of the Borrower. 

SEC. 13. And be it further ordained, That it is hereby found 
and determined that the best interests of the City will be served 
by selling the Bonds, at par, at private (negotiated) sale as 
authorized by the Act, upon the terms and conditions deter- 
mined by the Board in the Resolution subject to the terms of this 
Ordinance; provided, however, that the Bonds may be sold at 
public (competitive) sale or below or above par (with the consent 
of the Borrower) if the Board determines that it is in the best in- 
terests of the City, to sell the Bonds at a public (competitive) sale 
or sale above or below par. 

SEC. 14. And be it further ordained, That prior to the issuance 
of any Bonds to finance the acquisition of any portion of the 
Facility, other than the acquisition of CAT scanning equipment, 
radiotherapy equipment and equipment subordinate thereto for 
which financial information has been heretofore presented to 
the Board for its approval, the Borrower shall present to the 
Board financial and other information with respect to the ac- 
quisition of such portion of the Facility and the sale of such 
Bonds as the Board may reasonably request in order to evaluate 
the proposed issuance of Bonds pursuant to this Ordinance to 
finance such portion of the Facility and the Board shall not be 
obligated to adopt any Resolution with respect to the issuance of 
such Bonds unless such information has been furnished to the 
Board. 

SEC. 15. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not af- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or their application 
to other persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted 
herefrom. 



234 ORDINANCES Ord. No. 915 

SEC. 16. And be it further ordained, That, this Ordinance is in- 
tended to be, and shall constitute, a commitment by the City to 
the Borrower to issue and deliver the Bonds authorized hereby 
in accordance with the terms hereof, provided however, that if 
no Bonds have been issued pursuant to this Ordinance within 
one year after the effective date of this Ordinance, the authority 
and commitment of the City to issue the Bonds granted 
hereunder shall end; provided, however, that the Board may, 
after a showing of good cause at a public hearing held before the 
Board, extend such authorization for one additional term not to 
exceed six months. The Board, in its sole discretion, shall deter- 
mine the sufficiency, or lack thereof, of the reasons presented 
for any requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor must 
be sent to the City Council. 

SEC. 17. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved March 23, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 916 
(Council No. 1353) 

AN ORDINANCE concerning . 

URBAN RENEWAL— MID-TOWN BELVEDERE- 
AMENDMENT 7 TO THE RENEWAL PLAN 

FOR the purpose of amending the Urban Renewal Plan 
for Mid-Town Belvedere to, among other things, (1) 
authorize the acquisition of 150-158 W. Mount Royal 

. Avenue by the Mayor and City Council of Baltimore; 

(2) create a Disposition Lot for Central Commercial 
use and provide corresponding standards and controls; 

(3) revise certain Exhibits attached to the Plan to 
reflect the changes provided herein; (4) waive such 
requirements, if any, as to content or procedure for 
the preparation, adoption, and approval of renewal 
plans as set forth in Article 13 of the Baltimore City 



ORDINANCES 235 

Code (1976 Edition, as amended) which the Renewal 
Plan for Mid-Town Belvedere may not meet; (5) pro- 
vide for the separability of the various parts and appli- 
cations of this ordinance; (6) provide that where the 
provisions of this ordinance shall conflict with any other 
ordinance, code or regulation, in force in the City of 
Baltimore, the provision which establishes the higher 
standard shall prevail; and (7) provide for an effective 
date hereof. 

Whereas, an Urban Renewal Plan for Mid-Town Belve- 
dere was approved by the Mayor and City Council of 
Baltimore by Ordinance No. 1037, dated December 1, 1975 
and was last amended by Ordinance No. 606, dated April 
15, 1982; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change 
or changes shall be made in any renewal plan after ap- 
proval by ordinance, without such change or changes first 
being adopted and approved in the same manner as set 
forth in said Article 13 for the approval of renewal plans, 
namely the preparation of such change or changes by the 
Department of Housing and Community Development, the 
approval of such change or changes by the Director of 
the Department of Planning, and approval and adoption 
by an ordinance of the Mayor and City Council of Bal- 
timore after a public hearing in relation thereto, all in 
the manner set forth in said Article 13 ; and 

Whereas, the Department of Housing and Community 
Development has prepared a list of changes to the Renewal 
Plan for Mid-Town Belvedere, identified as "Amendment 
No. 7 to the Urban Renewal Plan for Mid-Town Belvedere", 
dated October 20, 1982; and 

Whereas, said Amendment No. 7 to the Renewal Plan 
for Mid-Town Belvedere has been approved by the Direc- 
tor of the Department of Planning with respect to its 
conformity as to the Master Plan, the detailed location 
of any public improvements proposed in the amended 
Renewal Plan, its conformity to the rules and regulations 
for subdivisions, and its conformity to existing zoning 
classifications; and said Amendment No. 7 to the Renewal 



236 ORDINANCES Ord. No. 916 

Plan for Mid-Town Belvedere has been approved and 
recommended to the Mayor and City Council of Baltimore 
by the Commissioner of the Department of Housing and 
Community Development ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment and changes 
to the Urban Renewal Plan for Mid-Town Belvedere, hav- 
ing been duly reviewed and considered, are hereby approved 
and the Clerk of the City Council is hereby directed to file 
a copy of said Urban Renewal Plan, revised to include 
Amendment No. 7, with the Department of Legislative 
Reference as a permanent public record and to make the 
same available for public inspection and information. 

1. In the Table of Contents, page ii., delete the date 
"3/29/82" from Exhibit 2 — Property Acquisition 
Map and Exhibit 3 — Land Disposition Map, and 
insert "10/20/82". 

2. On Page 6, Section B.2.a. entitled, Provisions Ap- 
plicable to all Land and Property to be Acquired, 
insert the following new subsection : 

"(h) Disposition Lot 48 

The use of this lot shall be limited to vehicular 
access and passenger drop-off for the adjacent 
Lyric Opera House. Appropriate screening and 
landscaping for \V. Mount Royal Avenue and 
Oliver Street shall be provided." 

3. Delete Exhibit 2 — Property Acquisition Map and 
Exhibit 3 — Land Disposition Map, both dated as 
revised 3 29/82, and substitute revised Exhibits 2 
and 3, dated as revised 10/20/82. 

Sec. 2. And be it further ordained, That it is necessary 
to acquire by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to the following property or portion thereof, 
together with all right, title, interest and estate that the 
owner or owners of said property interests may have in 
all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within 



ORDINANCES 237 

the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

150-158 W. Mount Royal Avenue 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested 
in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are 
authorized to acquire on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in 
this ordinance, the fee simple interest or any lesser in- 
terest in and to the property or portion thereof herein- 
above mentioned. If the said Real Estate Acquisition Di- 
vision of the Department of the Comptroller, or such 
person or persons, and in such manner as the Board of 
Estimates in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter may 
hereafter from time to time designate, is or are unable 
to agree with the owner or owners on the purchase price 
for said property or portion thereof, it or they shall forth- 
with notify the City Solicitor of Baltimore City, who shall 
thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to 
acquire by condemnation the fee simple interest or any 
lesser interest in and to said property or portion thereof. 

Sec. 4. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for the Mid-Town Belvedere area may not meet the re- 
quirements as to the content of a renewal plan or the 
procedure for the preparation, adoption, and approval of 
renewal plans as provided in Article 13 of the Baltimore 
City Code (1976 Edition, as amended), the said require- 
ments are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

Sec. 5. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordi- 
nance, or the application thereof to any persons or cir- 
cumstances is invalid, the remaining provisions and the 



238 ORDINANCES Ord. No. 916 

application of such provisions to other persons or circum- 
stances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained, 
the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, 
or the application thereof so held invalid. 

Sec. 6. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance, or code or regulation, the applicable provisions 
concerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to 
be in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 
and safety shall prevail. In any case where a provision 
of this ordinance is found to be in conflict with an exist- 
ing provision of any other ordinance or code or regula- 
tion in force in the City of Baltimore which establishes 
a lower standard for the promotion and protection of the 
public health and safety, the provision of this ordinance 
shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed 
to the extent that it may be found in conflict with this 
ordinance. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 239 

No. 917 
(Council No. 1433) . 

AN ORDINANCE concerning 

WAIVER OF CERTAIN BUILDING CODE PROVISION 

FOR the purpose of waiving a certain provision of Article 32 of 
the Baltimore City Code (1982 Supplement), said Article being 
known generally as the Building Code of Baltimore City, in 
order to permit certain permanent improvements to be con- 
structed under the public way at a certain location in the City 
in connection with the project to be known as One Center 
Plaza. 

BY waiving 
Article 32 - Baltimore City Building Code 
Subtitle -Permanent Projections in Streets 
Section 310.1 
Baltimore City Code (1982 Supplement) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the provisions of Section 310.1, entitled "Sub- 
surface structures", of Article 32 of the Baltimore City Code 
(1982 Supplement), said Article being known generally as the 
Building Code of Baltimore City, be and they are hereby waived 
in order to permit the construction and maintenance, at the cost 
and expense of the property owner, of a permanent 48-inch pro- 
jection of concrete mat footings to support a concrete wall, 
which footings are to be constructed within the area, starting at 
the southwest corner of the property located at the northeast 
corner of the intersection of Liberty Street and Fayette Street, 
extending to the east approximately-!^^ 14.5 feet, then south 
approximately 4.0 feet, then west approximately-!^ 18.5 feet, 
then north approximately-!^ 18.5 feet, then east approximate- 
ly 4.0 feet, then south approximately-!^ 14.5 feet returning to 
the point of origin. Such construction is necessary for the effi- 
cient utilization of the total area of the site, said site being 
located on the site more particularly described in the application 
and plans of Liberty Associates Limited Partnership filed with 
the Department of Housing and Community Development, said 
project to be known as One Center Plaza. This 48-inch projection 
shall apply only to the subsurface concrete footings and not to 
the wall supported by such footings. The bottom of such footings 



240 ORDINANCES Ord. No. 918 

shall be at a depth of approximately 21.5 feet below elevation 
52.5 (lowest first floor elevation of building) and the top of such 
footings shall be at a depth of approximately 17 feet below eleva- 
tion 52.5 (lowest first floor elevation of building), projecting 
along-46r6 18.5 feet of Fayette Street and^&6 18.5 feet of 
Liberty Street. In any other respects construction of such con- 
crete footings shall be in compliance with all other pertinent or- 
dinances and regulations of the Mayor and City Council and re- 
quirements of the Department of Housing and Community 
Development and the Department of Public Works. The con- 
struction of the aforementioned concrete mat footings shall be 
installed, constructed, operated and maintained in accordance 
with the plan and design as shown on a drawing of George A. 
Evans Associates, Engineer, Baltimore, Maryland, entitled 
"Foundation and Lower Level Basement Plan", dated October 
21, 1982, and numbered "S-l", which in all respects is hereby 
made a part of this ordinance, by reference hereto. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved March 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 918 
(Council No. 1441) 

AN ORDINANCE concerning 

OPEN AIR GARAGES 
FOR the purpose of correcting certain language. 

BY repealing and reordaining with amendments 

Article 15 -Licenses 
* Subtitle -Open Air Garages 

Section(s) 75 (a) 

Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended, to read as 
follows: 



ORDINANCES 241 

ARTICLE 15 -LICENSES 

Open Air Garages 

75. Licenses 

(a) Fee. No person, firm or corporation shall keep an open air 
garage in the City of Baltimore for the parking of motor vehicles 
for which a charge is made until he or it shall have first obtained 
an annual license therefor and shall pay an annual license fee of 
four dollars and fifty cents ($4.50) for every one hundred (100) 
square feet, or portion thereof of the space used for garage pur- 
poses. Beginning as of January 1, 1958, in computing the area of 
the space used for garage purposes, there shall be deducted from 
the total space a uniform allowance of fifteen per centum (15%) 
of the total space as an allowance for offices, ramps, aisles, 
toilets and other facilities. For any such license issued after 
March 31 and before July 1 of the license year, the charge shall 
be three-fourths of that prescribed for the entire year; if the 
license is issued after June 30 and before October 1, the charge 
shall be one-half of that prescribed for the entire year; and if the 
license is issued after September 30, the charge shall be one- 
fourth of that prescribed for the entire year. 

Any person, firm or corporation desiring to keep an open air 
garage for an aggregate of not to exceed [sixty days in any one 
calendar year may obtain a special sixty-day license, upon the 
payment of a license fee in a sum equal to one-sixth (1/6) of the 
charge specified for an annual license fee covering the entire 
year.] six months in any one calendar year may obtain a special 
partial year license, upon the payment of a license fee in a sum 
equal to one-twelfth of the charge specified for an annual license 
fee covering the entire year for each monthly period or fraction 
thereof that the open air garage is to be or is in operation. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved March 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



242 ORDINANCES Ord. No. 919 

No. 919 
(Council No. 1458) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - DEPARTMENT 
OF HEALTH 

FOR the purpose of providing a supplementary special 
GENERAL fund appropriation in the amount of Three Hun- 
dred Eleven Thousand Five Hundred Dollars ($311,500) to the 
Department of Health to be used for rodent eradication. 

BY authority of 
Article VI -Board of Estimates 
Section 2(hX2) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the money appropriated herein represents a grant 
from a public source which could not be expected with 
reasonable certainty at the time of formulation of the fiscal 1983 
Ordinance of Estimates; and 

WHEREAS, the supplementary opceial GENERAL fund ap- 
propriation ordained herein has been recommended to the City 
Council by the Board of Estimates, the said recommendation 
having been made at a regular meeting of said Board held on the 
12th day of January, 1983, all in accordance with Article VI, 
Section 2(hX2) of the Baltimore City Charter (1964 Revision as 
amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimare, That under the provisions of Article VI, Section 
2(hX2) of the 1964 revision of the Charter of Baltimore City, the 
sum of Three Hundred Eleven Thousand Five Hundred Dollars 
($311,500) shall be made available to the Department of Health 
of the City of Baltimore as a supplementary apecial GENERAL 
fund appropriation for the fiscal year ending June 30, 1983 for 
the purpose of rodent eradication. The amount thus made 
available as a supplementary apocial GENERAL fund ap- 
propriation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the State of Maryland 
Department of Health and Mental Hygiene, said sum being 
specifically allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose; and said funds from the State of 
Maryland Department of Health and Mental Hygiene shall be 



ORDINANCES 243 

the source of revenue for this supplementary special GENERAL 
fund appropriation, as required by Article VI, Section 2 of the 
Baltimore City Charter (1964 Revision as amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved March 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 920 
(Council No. 1006) 

AN ORDINANCE concerning 

REZONING— 6309 6301-6333 BELAIR ROAD 

FOR the purpose of changing the zoning for the property 
'PROPERTIES located at 630£ 6301-6333 Belair Road 
from the B-l Zoning District to the B-2 Zoning District 
as outlined in red on the AMENDED plats accompany- 
ing this ordinance. 

BY amending 
Zoning District Maps 
Sheet No. 20 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 20 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning" be and it is hereby 
amended by changing from the B-l Zoning District to the 
B-2 Zoning District the property PROPERTIES located at 
6309 6301-6333 Belair Road as outlined in red on the 
AMENDED plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 



244 ORDINANCES Ord. No. 921 

the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the 
ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of 
the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commis- 
sioner of the Department of Housing and Community De- 
velopment, and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 30, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 921 
(Council No. 1290) 

AN ORDINANCE to change the name of Avondale Avenue 
from Park Heights Avenue to Clover Road. The new 
name of said Avondale Avenue to be Clover Road. 

General Powers 
Article II Section (34) (f) 
Executive Departments 
Article VII Section 42(f) 
Baltimore City Code 
Article 27 Sections 18 thru 21 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the name of Avondale Avenue from 
Park Heights Avenue to Clover Road be and it is hereby 
changed, and that said Avondale Avenue hereafter be 
known as Clover Road. 

Sec. 2. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 30, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 245 

No. 922 
(Council No. 1242) 

AN ORDINANCE concerning 

CITY PROPERTY SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council in and to 
a certain parcel of land situate in the City of Baltimore 
and State of Maryland containing 1435.78 square feet 
or 0.0330 acre of land, more or less on the northeast 
corner of West Cold Spring Lane, and Pimlico Road, City 
Block No. 3349B, Lot 17. Said property no longer needed 
for public use. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

(Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5 (b) 
of the City Charter, all of the interest of the Mayor and 
City Council of Baltimore in and to that parcel of land 
situate in Baltimore, Maryland, and described as follows: 

BEGINNING for the same at the point formed by the 
intersection of the northwest side of Cold Spring Lane, as 
now laid out 60 feet wide, and the northeast side of Pimlico 
Road, as now laid out varying in width, and running 
thence binding on the northeast side of said Pimlico Road 
and on part of the last line of the parcel of land conveyed 
by Herman I. Schwartz and wife to the Mayor and City 
Council of Baltimore, by deed dated January 21, 1931 and 
recorded among the Land Records of Baltimore City in 
Liber S.C.L. No. 5192, Folio 526, to the end thereof, 
there situate, as now surveyed, North 34°-30'-00" West 
7.61 feet to intersect the line of the center line of the 
partition wall between the two story brick house, now razed, 
formerly situate on the lot being herein described known 
as No. 4409 Pimlico Road and the two story brick house 



246 ORDINANCES Ord. No. 923 

situate on the lot adjoining on the northwest thereof known 
as No. 4411 Pimlico Road, if projected southwesterly; 
thence binding in part reversely on said line so projected, 
in part on the center line of said partition wall, in part on 
the line of the center line of said partition wall, if projected 
northeasterly, and in all, on the first line of said deed, 
there situate, as now surveyed, North 55°-30'-00" East 
188.67 feet to the southwest side of an alley, 15 feet wide, 
there situate; thence binding on the southwest side of said 
15 foot alley, and on part of the second line of said deed, 
there situate, as now surveyed, South 34°-30'-00" East 7.61 
feet to the northwest side of said Cold Spring Lane and 
thence binding on the northwest side of said Cold Spring 
Lane, South 55°-30'-00" West 188.67 feet to the place of 
beginning. 

Containing 1435.78 square feet or 0.0330 acre of land, 
more or less. 

Said property being no longer needed for public use. 

Sec. 2 Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 923 
(Council No. 1451) 

AN ORDINANCE concerning 

URBAN RENEWAL- ROGERS AVENUE TRANSIT 
STATION AREA- URBAN RENEWAL FLAN 

FOR the purpose of revising the boundaries of the area situate in 
Baltimore City, Maryland, known as the Rogers Avenue Tran- 
sit Station Urban Renewal Area, bounded generally by Rogers 



ORDINANCES 247 

Avenue and Post Road on the west, Oakford Avenue on the 
south, Garrison Boulevard on the east, and Wabash Avenue on 
the north, to add the Garrison Boulevard Business District; ap- 
proving an Urban Renewal Plan for this expanded Area; add- 
ing, deleting, and/or revising the objectives to be met in im- 
plementing the Urban Renewal Plan; revising the provisions 
regarding review by the Department of Housing and Com- 
munity Development of all plans for new construction, ex- 
terior rehabilitation, demolition and change in use of property 
in the Area; establishing permitted and prohibited land uses; 
establishing procedures for the acquisition of property; pro- 
viding that in selling land in the Area, the Department of 
Housing and Community Development shall require that 
developers agree in writing not to discriminate in the sale, 
lease, use or occupancy of the property developed by them 
against any person because of national origin, race, religion, 
sex or color; establishing the Garrison Boulevard Business 
District and providing rehabilitation standards for all non- 
residential uses in this District; prohibiting the cleaning of 
masonry facades by means of sandblasting throughout the 
Area; providing penalties for any violations of these rehabilita- 
tion standards; waiving such requirements, if any, as to con- 
tent or procedure for the preparation, adoption and approval 
of renewal plans as set forth in Article 13 of the Baltimore 
City Code which the Renewal Plan for this Area may not meet; 
providing for the separability of the various parts and applica- 
tions of this Ordinance; providing that where the provisions of 
this Ordinance shall conflict with any other ordinance, code or 
regulation, the provision which establishes the higher stand- 
ard shall prevail; and providing for an effective date hereof. 

WHEREAS, the area known as the "Rogers Avenue Transit 
Station Urban Renewal Area", generally bounded by Wabash 
Avenue on the north, Garrison Boulevard on the east, Oakford 
Avenue on the south, and Post Road and Rogers Avenue on the 
west, was designated a "Renewal Area" by Ordinance No. 381, 
approved June 28, 1977; and 

Whereas, it has become necessary to add the Garrison 
Boulevard Business District to the boundaries of the Rogers 
Avenue Transit Station Area and to establish rehabilitation 
standards to achieve a strong, stabilized non-residential sector; 
and 



248 ORDINANCES Ord. No. 923 

WHEREAS, a comprehensive plan has been developed to en- 
sure that development in and around the Rogers Avenue Transit 
Station promotes the sound growth of the community; and 

WHEREAS, under Article 13 of Baltimore City Code (1976 Edi- 
tion, as amended), the Department of Housing and Community 
Development is authorized to prepare and administer renewal 
plans in renewal areas; and 

WHEREAS, the Department of Housing and Community 
Development has prepared a Renewal Plan for the Rogers 
Avenue Transit Station area, consisting of a cover page, a table 
of contents, seven pages of text, an appendix, and two exhibits; 
and 

WHEREAS, the Renewal Plan for the Rogers Avenue Transit 
Station area was approved by the Director of the Department of 
Planning with respect to its conformity as to the Master Plan, 
the detailed location of any public improvements proposed in the 
Renewal Plan, its conformity to the rules and regulations for 
subdivisions, and its conformity to existing zoning classifica- 
tions; and the Renewal Plan was approved and recommended to 
the Mayor and City Council of Baltimore by the Commissioner of 
the Department of Housing and Community Development; now, 
therefore, 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the boundaries of the Rogers Avenue Transit 
Station Urban Renewal Area shall be revised to incorporate the 
Garrison Boulevard Business District; therefore, Section 2 of 
Ordinance No. 381, approved June 28, 1977, is hereby amended 
to read as follows: 

Beginning for the same at the point formed by the intersection 
of the center line of Rogers Avenue and the southwestern 
right-of-way line of Wabash Avenue; thence running in a 
southwesterly direction, and binding upon the center line of 
said Rogers Avenue, crossing Kennison, Elderon and Grove- 
land Avenues, to a point of intersection with the center line of 
Post Road; thence running in a southeasterly direction binding 
on the center line of said Post Road, crossing Belvieu, 
Penhurst, Fernhill, Ridgewood, and Gwynn Oak Avenues, to a 
point of intersection with the southeastern right-of-way line of 
said Gwynn Oak Avenue; thence running in a northeasterly 
direction, binding on the southeastern right-of-way line of said 
Gwynn Oak Avenue, to a point of intersection with the north- 



ORDINANCES 249 

eastern right-of-way line of the first 20* alley; thence running 
in a southeasterly direction, binding on the northeastern right- 
of-way line of said 20* alley, crossing the first 15' alley, binding 
[and continuing] on the northern property lines [northeastern 
boundary] of Lots 35 and 18, Block 8238, continuing to a point 
of intersection with the center line of Oakford Avenue; thence 
running in an easterly direction, binding on the center line of 
said Oakford Avenue, crossing Hillsdale Road, Eldorado and 
Granada Avenues, to a point of intersection with the eastern 
[western] right-of-way line of Garrison Boulevard; thence run- 
ning in a northerly [and northeasterly] direction, binding on 
the eastern [western] right-of-way line of Garrison Boulevard, 
crossing Ridgewood, Fernhill, and Penhurst [, Dolfield, 
Groveland, and Kennison] Avenues, to a point of intersection 
with the northern right-of-way line of the first 15' alley; thence 
running in an easterly direction, binding on the northern 
right-of-way line of said 15' alley, to a point of intersection with 
the eastern property line of Lot 17, Block 2975; thence running 
in a northerly direction, binding on the eastern property line of 
said Lot 17, as extended, to a point of intersection with the 
northern right-of-way line of a 15' alley; thence run- 
ning in an easterly direction, binding on the northern right-of- 
way line of the said 15' alley, to a point of intersection with the 
western property line of Lot 29, Block 2975; thence running in a 
northerly direction, binding on the western property line of 
said Lot 29, Block 2975, crossing Belvieu Avenue, to a point on 
the northern right-of-way line of Belvieu Avenue; thence run- 
ning in an easterly direction, binding on the northern right-of- 
way line of said Belvieu Avenue, to a point of intersection with 
the eastern property line of Lot 23/24, Block 2975; thence run- 
ning in a northerly direction, binding on the eastern property 
line of said Lot 28/24, Block 2975, to a point of intersection with 
the southeastern property line of Lot 19, Block 2975; thence run- 
ning in a southeasterly direction, binding on said southeastern 
property line, to a point of intersection with the eastern proper- 
ty line of said Lot 19; thence running in a northeasterly direc- 
tion, binding on the southeastern property line of said Lot 19, 
crossing Dolfield Avenue, continuing to a point of intersection 
with the northeastern right-of-way line of Dolfield Avenue; 
thence running in a northwesterly direction, binding on the 
northeastern right-of-way line of said Dolfteld Avenue, to a 
point of intersection with the eastern right-of-way line of Gar- 
rison Boulevard; thence running in a northeasterly direction, 
binding on the eastern right-of-way line of Garrison Boulevard 



250 ORDINANCES Ord. No. 923 

to a point of intersection with the northern right-of-way line of 
the first 10f alley; thence running in a southeasterly direction, 
binding on the northern right-of-way line of said W foot alley, 
crossing a 15' alley, to the point of intersection with the 
southern property line of Lot 74/79, Block 2959-B; thence run- 
ning in an easterly direction, binding on the southern property 
line of said Lot 74/79 and continuing on the southern property 
lines of Lots 91/99 and 100/105, Block 2959-B in an easterly, 
northerly, easterly, southerly, and easterly direction, to a point 
of intersection with the eastern property line of Lot 100/105, 
Block 2959-B; thence running in a northeasterly direction, 
binding on the eastern property line of said Lot 100/105, to a 
point of intersection with the southwestern right-of-way line of 
Wabash Avenue; thence running in a [northjwesterly direc- 
tion, binding on the southwestern right-of-way line of Wabash 
Avenue, crossing Garrison Boulevard, Belvedere, Elderon, 
Granada, and Eldorado Avenues, Hillsdale Road, and Ken- 
nison Avenue[s] to the point of beginning. 

SEC. 2. And be it further ordained, That the Urban Renewal 
Plan, identified as "Urban Renewal Plan . . . Rogers Avenue 
Transit Station Urban Renewal Area" is hereby approved and 
the Clerk of the City Council is hereby directed to file a copy of 
said Plan with the Department of Legislative Reference as a per- 
manent public record and to make the same available for public 
inspection and review. 

SEC. 3. And be it further ordained, That it is necessary to 
revise, add, and/or delete certain objectives to be met in the 
development of a comprehensive plan for the Rogers Avenue 
Transit Station Urban Renewal Area as set forth in Section 3 of 
Ordinance No. 381, approved June 28, 1977; therefore, said Sec- 
tion 3 of Ordinance No. 381 is hereby amended and the objec- 
tives contained in Section A. 2. of the Urban Renewal Plan for 
the Rogers Avenue Transit Station Urban Renewal Area are 
hereby approved. 

SEC. 4. And be it further ordained, That the provisions regard- 
ing review by the Department of Housing and Community 
Development of all plans for new construction, exterior 
rehabilitation, change in use, and demolition of property not to 
be acquired shall be revised; therefore, Section 4 of Ordinance 
No. 381, approved June 28, 1977, is hereby amended to read as 
follows: 



ORDINANCES 251 

All plans for new construction, (including parking lots), ex- 
terior rehabilitation, [demolition, and] change in use and 
demolition of any building on any property in the Rogers 
Avenue Transit Station Urban Renewal Area shall be sub- 
mitted to the Department of Housing and Community De- 
velopment for review and approval. Such review shall be con- 
cerned with, but not necessarily limited to, urban design 
standards, site planning, architectural treatment, materials, 
colors, building construction, landscape design, access, signs, 
lighting, elevation, servicing, streets, and sidewalks. Only 
[Upon] upon finding that the proposed plans are consistent 
with the objectives stated in Section A. 2. of the Urban Renewal 
Plan, [3 of this ordinance] and the land use is appropriate, 
shall the Commissioner of the Department of Housing and 
Community Development authorize the processing of the 
plans for issuance of the necessary permit(s). The Commis- 
sioner may, upon finding that the proposed plans are incon- 
sistent with the objectives stated in Section A.2. of the Urban 
Renewal Plan, [3 of this ordinance] deny the issuance of a per- 
mit. If the Commissioner denies the issuance of a demolition 
permit, he shall within 90 days of such denial, seek approval of 
the Board of Estimates to acquire for and on behalf of the 
Mayor and City Council of Baltimore the property, in whole or 
in part on which said [new construction, exterior rehabilita- 
tion,] demolition [, or change in use of any building on any 
property] was to have occurred, by purchase, lease, condemna- 
tion, gift, or other legal means. In the event that the Board of 
Estimates does not authorize the acquisition, the Commis- 
sioner, without delay, shall issue the demolition permit. The 
provisions of this section are in addition to, and not in lieu of, 
all other applicable laws and ordinances. 

SEC. 5. And be it further ordained, That the permitted and 
prohibited land uses contained in Section B.l. of the Urban 
Renewal Plan are hereby approved. EXCEPT THAT SECTION 
B.l.A SHALL READ AS FOLLOWS: 

A. RESIDENTIAL 

RESIDENTIAL USES PERMITTED SHALL BE THOSE 
PERMITTED BY THE ZONING ORDINANCE OF BALTI- 
MORE CITY. EXCEPT THAT RELIGIOUS INSTITUTIONS: 
CHURCHES, TEMPLES, AND SYNAGOGUES SHALL NOT 
BE PERMITTED. THE ZONING DISTRICTS MAP, EXHIBIT 
2, INDICATES THE APPLICABLE ZONING DISTRICTS. 



252 



ORDINANCES 



Ord. No. 923 



SEC. 6. And be it further ordained, That in the event that the 
acquisition of properties is necessary in order to accomplish the 
objectives of the Urban Renewal Plan, such acquisition shall be 
in accordance with the appropriate provisions of Article 13 of 
the Baltimore City Code (1976 Edition, as amended) or any 
other applicable code, ordinance or regulation. 

SEC. 7. And be it further ordained, That in selling or otherwise 
disposing of property in the Rogers Avenue Transit Station 
Area, the Department of Housing and Community Development 
shall require that the developers agree in writing not to 
discriminate in the sale, lease, use or occupancy of the property 
developed by them against any person because of national 
origin, race, religion, sex or color. 

SEC. 8. And be it further ordained, That the Garrison 
Boulevard Business District shall be defined to include the 
following properties: 



Property Address 

3930 BELVIEU AVENUE 
ALSO KNOWN AS 4701 
GARRISON BOULEVARD 

4525 Garrison Boulevard 
4601/03 Garrison Boulevard 
4605 Garrison Boulevard 
4607 Garrison Boulevard 
4609/13 Garrison Boulevard 

4 701 Garrison Boulevard 
4703/07 Garrison Boulevard 
4709 Garrison Boulevard 

4801 Garrison Boulevard 
4805/15 Garrison Boulevard 

Southeast side of Garrison 
Boulevard 191 feet, 8 inches 
northeast of Dolfield Avenue 

Southeast side of Garrison 
Boulevard 224 feet, 1 inch 
northeast of Dolfield Avenue 

5000 Wabash Avenue 

4805 Wallington Avenue 



Block No.lLot No. 



BLOCK 2975, LOT 23/24 

Block 2975, Lot 17 
Block 2975, Lot 18 
Block 2975, Lot 18A 
Block 2975, Lot 18B 
Block 2975, Lot 18C 

Block 2975, Lot 123/145 
Block 2975, Lot 19 
Block 2975, Lot 19A 

Block 2959-B, Lot 73 
Block 2959-B, Lot 74/79 
and Lot 80 (Improvements) 



Block 2959-B, Lot 80A 

Block 2959-B, Lot 81 
Block 2959-B, Lot 100/105 
Block 2959-B, Lot 91/99 



ORDINANCES 253 

SEC. 9. And be it further ordained, That over and above the 
codes and ordinances of the City of Baltimore, the following ad- 
ditional standard shall be applied throughout the Rogers Avenue 
Transit Station Urban Renewal Area, i.e. that the cleaning of 
masonry facades by means of sandblasting shall be prohibited 
except where sandblasting is determined by the Commissioner 
of the Department of Housing and Community Development to 
be the only feasible means of surface cleaning of masonry and 
where, in his opinion, it will not cause damage to historic 
building materials. In addition, the following standards shall be 
applied to all properties within the Garrison Boulevard Business 
District, as listed in Section 8 above. All of the provisions set 
forth below shall be complied with whether the property is oc- 
cupied or vacant. None of these standards shall be construed to 
permit any sign, construction, alteration, change, repair, use or 
any other matter otherwise forbidden or restricted or controlled 
by any other public law. 

A. General Appearance -Materials, Design, Colors 

(1) All defective structural and decorative elements of 
building fronts and sides abutting streets shall be repaired or 
replaced in a workmanlike manner to match as closely as possi- 
ble the original materials and construction of that building. All 
damaged, sagging or otherwise deteriorated storefronts, show 
windows or entrances shall be repaired or replaced. 

(2) Storefronts on single story buildings shall be designed for 
the full height to the cornice unless existing traditional architec- 
tural elements are present, in which case the new construction 
shall be harmonious with those elements. Cornice lines shall be 
maintained. 

(3) All cornices, upper story windows and all other portions 
of a building containing wood trim shall be made structurally 
sound. Rotten or weakened portions shall be removed and 
repaired or replaced to match as closely as possible the original 
patterns. All exposed wood shall be painted or stained, or other- 
wise treated for protection. 

(4) Show windows, entrances, signs, lighting, sun protec- 
tion, security grilles, etc. shall be designed to be compatible and 
harmonious and consistent with the scale and character of the 
existing structure. 

(5) Adjoining buildings used by the same occupant shall be 
rehabilitated in a unified and harmonious manner. Each building 



254 ORDINANCES Ord. No. 923 

shall be rehabilitated and repaired with materials and in a man- 
ner consistent with the original construction techniques, where 
feasible. 

(6) Materials used on storefronts shall be consistent with the 
character of other buildings in the Business District as well as 
other materials used on the building itself. Other factors, such as 
durability, ease of maintenance, historical accuracy of materials, 
shall be considered in relation to future material installations. 
Formstone, aluminum siding, real or simulated woodshakes, 
pebble-faced plywood, z-brick, or any other material not ap- 
proved by the Commissioner of the Department of Housing and 
Community Development, shall not be permitted for any future 
use. Existing corrugated metal facing shall be painted a 
duranodic bronze color. Corrugated metal facing may be used in 
the future, provided it is of a duranodic bronze finish. Existing 
aluminum siding shall be removed. 

(7) Existing miscellaneous elements on the building fronts, 
such as empty electrical or other conduits, unused sign brackets, 
etc., shall be removed. 

(8) Sheet metal gutters and downspouts shall be repaired or 
replaced as necessary and shall be neatly located and securely in- 
stalled. Gutters and downspouts shall be painted to harmonize 
with the building color scheme. 

(9) No new mechanical equipment shall be allowed to project 
through building fronts. 

(10) No dumpsters or rubbish containers shall be exposed at 
the fronts of buildings, except those specifically designed and in- 
tended for public use. 

B. Walls 

(1) If necessary, all exterior front or side walls which have 
not been wholly or partially resurfaced or built over shall be 
repaired and cleaned or painted in an acceptable manner. Brick 
walls shall be pointed where necessary. Painted masonry walls 
shall have loose material removed and be painted a single color, 
except for- trim which may be another color. Patched walls shall 
match the existing adjacent surfaces as to materials, color, bond 
and joining. 

(2) Rear and side walls shall be repaired to present a neat 
and fresh appearance. Rear walls shall be painted to cover even- 



ORDINANCES 255 

ly all miscellaneous patched and filled areas or be stuccoed to 
present an even and uniform surface. 

(3) Side walls, where visible from any of the streets, shall be 
finished or painted so as to harmonize with the front of the 
building. 

C. Windows 

All windows must be tight-fitting and have sashes of proper 
size and design. Sashes with rotton ROTTEN wood, broken 
joints, or broken or loose mullions or muntins shall be replaced. 
All broken and missing windows shall be glazed. All exposed 
wood shall be repaired and painted. 

(1) Window Openings 

(a) Window openings in upper floors of the front of the 
building shall not be filled or boarded-up except when covered 
with clear or tinted plexiglass or equal material. Windows in 
unused areas of the upper floors should have an opaque or solid 
surface as security may require on the inside of the glass. If the 
building front is redesigned and completely renovated or rebuilt, 
the trim may be removed and openings closed under plans ap- 
proved by the Department of Housing and Community Develop- 
ment. 

(b) Windows not in the front of buildings shall be kept 
properly repaired or with Fire Department approval, the open- 
ings may be closed, in which case, sills and frames must be 
removed and the opening properly closed to match the material, 
design and finish of the adjacent wall. 

(2) Store Windows 

(a) New storefront designs must contain show windows. 
These windows must have sills no higher than 36 inches above 
the sidewalk. The amount of window area of an existing 
storefront must not be reduced unless approved by the Commis- 
sioner of the Department of Housing and Community Develop- 
ment. Show windows may be backed by a solid surface only if it 
is incorporated into a display window. Existing closed-up store- 
fronts must be changed to conform to the above conditions. 

(b) All show window elements must be located within 13 
feet of grade on buildings proposed for construction or substan- 
tial rehabilitation subsequent to the effective date of this 
Ordinance. 



256 ORDINANCES Ord. No. 923 

(3) Shutters 

Shutters may be provided on windows above the first floor 
level in the front of the buildings. They shall be constructed of 
wood and affixed to the wall by either a metal latch or be held 
permanently open (fastened to the wall). Fixed closed shutters 
may be used on upper floors or side windows as an alternative to 
blocking in or securing such window. The use of shutters shall be 
approved prior to installation by the Department of Housing and 
Community Development and shall not be allowed in cases 
where shutters would be unharmonious with the design of the 
building. 

(4) Grilles and Screens 

(a) Enclosures and housings for security grilles and 
screens should be as inconspicuous as possible and compatible 
with the other elements of the facade. 

(b) All exposed portions of the grille, screen or enclosure 
which are painted in normal practice and all portions which re- 
quire painting to preserve, protect or renovate the surface shall 
be painted. 

(c) All screens and grilles must be constructed so they 
can be opened or removed. All screens and grilles shall be 
opened or removed during the normal business hours of that 
business. 

(d) Non-metal grilles and screens shall be prohibited. 

(5) Awnings 

(a) Soft, retractable awnings are encouraged over the 
first floor, and on the upper floors over windows only. 

(b) Awnings must be flameproofed. 

(c) Awnings shall not project more than seven feet from 
the building front and shall otherwise conform with the provi- 
sions of the codes and ordinances of Baltimore City. 

(d) Awnings shall terminate against the building at a 
height not to exceed thirteen feet above the pavement, or one 
inch below the second floor window sill, whichever is lower. 

(e) Rigid or fixed awnings, sun screens or permanent 
canopies are not permitted on any portion of the building front. 



ORDINANCES 257 

D. Roofs 

(1) Chimneys, elevator penthouses or any other auxiliary 
structures on the roofs shall be repaired and cleaned as required 
for rear and side walls. Any construction visible from the street 
or from other buildings shall be finished so as to be harmonious 
with other visible building walls. 

(2) Any new mechanical equipment placed on a roof shall be 
so located as to be hidden from view from the shopping streets 
and be as inconspicuous as possible from other viewpoints. New 
equipment shall be screened with suitable elements of a perma- 
nent nature and finished so as to harmonize with the rest of the 
building. Where such screening is infeasible, equipment shall be 
installed in a neat, presentable manner, and shall be painted in 
such a manner as to minimize its visibility. 

(3) Television and radio antennas shall be located so as to be 
as inconspicuous as possible. 

(4) Roofs shall be kept free of trash, debris, or of any other 
element which is not a permanent part of the building or a func- 
tioning element of its mechanical or electrical system. 

E. Signs 

(1) Marquees 

Marquees shall not be allowed on buildings other than ex- 
isting operating theatres. 

{2) Flat Signs 

(a) Flat signs shall not project more than 12 inches from 
the surface of the building, except that where the first floor 
extends beyond the building line as allowed by a minor privilege 
permit, a sign may be placed even with such extended building 
surface or at any location to the rear of this position, providing 
that it is in compliance with all other applicable requirements. 

(b) Flat signs shall not exceed in area three times the 
width in feet of the frontage of the building. In the case of corner 
properties, each facade is to be calculated separately as to size 
allowed for each. 

(c) Flat signs, except secondary signs, shall be placed no 
higher than the bottom of second story windows where windows 
exist or fifteen feet above the mean curb level, whichever is 
lower, and they shall not be lower than ten feet above the mean 



258 ORDINANCES Ord. No. 923 

curb level, or at a location in scale with the building facade as ap- 
pro veoV by the Department of Housing and Community Develop- 
ment. 

(3) Projecting Signs 

Existing projecting signs may remain provided that they 
project no more than 30 inches from the building face. All other 
projecting signs, including sign brackets and hardware, must be 
removed. No future projecting signs shall be permitted. 

(4) Painted Signs 

Painted signs on building surfaces or the use of separate 
cutout letters shall be permitted in accordance with the above 
sign limits for Flat Signs. 

(5) Secondary Signs 

Non-illuminated secondary signs shall be permitted on the 
upper floors of a building. Such signs shall not exceed one square 
foot in area and shall not project more than one inch beyond the 
surface of the building nor shall they be placed higher than fif- 
teen feet above grade level. Signs shall be permitted at rear en- 
trance doors, but shall not exceed six square feet in size, except 
where authorized by the Department of Housing and Communi- 
ty Development. 

(6) Roof Top Signa, Billboards 

Roof top signs, signs extending above the parapet of the 
building and — billboards — shaM — ntrt — be — permitted. — Existing 
billboards must be removed at the expiration of the current 
lease, or two (2) years from the date of passage of this Or 
dinanee, or whichever date comes first. Billboards, however, 
must be maintained between now and the time that they must be 
removed. 

f?)-(6) Awning Signs 

Painted or inlaid signs on cloth awnings are permitted. 

(SH?) Flashing or Moving Signs 

Flashing or moving signs other than barber poles shall not 
be permitted. 

(#H8) Freestanding Signs 

Freestanding signs (pole signs) shall be permitted provid- 
ed that such signs do not exceed twenty-four feet in height and 



ORDINANCES 259 

eighty square feet in area (total of both faces). These freestand- 
ing signs shall not project into the public right-of-way. Free- 
standing signs may be permitted on other sites where buildings 
are set back from their property lines, subject to the approval of 
the Commissioner of the Department of Housing and Communi- 
ty Development. 

&Q T (9)Show Window Signs 

No temporary or permanent sign affixed or placed against 
the inside surface of a show window shall exceed 20% of the area 
of that show window. 

&1 T (10) Lettering 

Lettering applied to ground floor show windows or en- 
trance doors shall not exceed two and one-half inches in height. 

(42HH) Non-Conforming Signs 

Existing signs may remain, provided that they conform to 
this Ordinance. Except for billboards, all non-conforming signs 
shall be removed one year from the effective date of this 
Ordinance. 

F. Lighting 

(1) The following lighting methods are not permitted: 

(a) Exposed florescent lighting. 

(b) Exposed quartz or mercury vapor lamps. 

(c) Exposed incandescent lamps other than low wattage, 
purely decorative lighting. 

(2) The following lighting methods are permitted: 

(a) Fully recessed downlights or wallwashers in project- 
ing metal box. Box must run full length of storefront at top of 
sign zone. 

(b) Shielded florescent lamps with diffusers in projecting 
metal box. Box must run full length of storefront at top of sign 
zone. 

(c) "Gooseneck incandescents", porcelain enamel reflec- 
tor on bent metal tube arm. Housing to prevent glare at 
pedestrian eyeline. 

(d) Internally illuminated (except projecting signs) or 
back-lit (halo) letters. 



260 ORDINANCES Ord. No. 923 

(3) All lighting and electrical elements such as wires, con- 
duits, junction boxes, transformer, ballasts, switches and panel 
boxes shall be concealed from view as much as possible. 

G. Auxiliary Structures 

Structures at the rears of buildings, attached or unattached to 
the principal structure, which are structurally deficient, shall be 
properly repaired or demolished. 

H. Rear Yards 

Where a rear yard exists or is created through the demolition 
of structures, the owner shall condition the open area in one of 
the two ways outlined below. 

(1) Enclosure of Yards 

A rear yard may be enclosed along side and rear property 
lines by a masonry wall, consistent and harmonious in design 
with the rear walls of the building. Solid doors or solid gates may 
be used to the extent necessary for access and delivery. Such 
walls must be not less than five feet nor more than five feet six 
inches in height. Use of barbed wire or broken glass on top of 
walls shall not be permitted. 

(2) Provision of Parking Area 

An unenclosed rear yard may be used as a parking or 
loading area provided that it is properly paved, illuminated, and 
maintained. A sign not exceeding six square feet may be used to 
identify and control parking and loading. The building occupant 
shall be responsible for maintenance of the parking area in a 
neat and clean manner. No storage of trash containers shall be 
allowed in this area except when housed in permanent struc- 
tures of acceptable design. 

I. Off Street Parking Requirements 

(1) Parking spaces shall be provided as established in the 
Zoning Ordinance of Baltimore City, or in such lesser amount as 
may be authorized by the Board of Municipal and Zoning Ap- 
peals as a special exception or variance. In addition to these re- 
quirements, off-street parking areas shall be visually screened 
from public streets and adjacent properties. 

(2) All required parking spaces shall be provided with proper 
ingress and egress to a public street or alley by means of access 
drives and aisles. 



ORDINANCES 261 

(3) All parking facilities shall be effectively screened. 
Screening shall consist of a masonry wall or durable fence, or 
combination thereof, not less than four feet in height; in lieu of 
such wall or fence, a compact evergreen hedge of not less than 
four feet in height at time of original planting may be used. 
Screening and landscaping shall be maintained in good condition 
and shall be so designed and placed so as not to obstruct vehicle 
sight distances at entrances and exits. The design of the lot 
screening shall be approved by the Department of Housing and 
Community Development. 

(4) All exterior (surface) parking areas shall be paved with a 
hard, dust-free surface and shall be properly illuminated. 

J. Design Review and Approval 

Designs for all improvements, modifications, repairs, 
rehabilitation or painting affecting the exterior of existing 
buildings, yards or show windows, signs, and new construction 
shall be submitted to the Department of Housing and Communi- 
ty Development and written approval by the Department shall 
be required before proceeding with the work. The Department 
of Housing and Community Development shall be concerned 
with all aspects of design affecting exterior appearance and in 
particular with the following: 

(1) Colors to be used on buildings and signs. 

(2) Design of show windows and entrance areas, including 
choice of materials and types of security devices. 

(3) Design of signs, methods of illumination, colors, 
materials, methods of suspension. 

(4) Conditioning of rear yard spaces, location of delivery 
signs. 

(5) All exterior materials and colors. 

(6) Design of awnings, shutters and upper floor windows. 

(7) Compatibility of new construction as to scale, color, 
materials, and signing. 

K. Period of Compliance 

To the extent that these rehabilitation standards are 
specifically applicable to the Garrison Boulevard Business 



262 ORDINANCES Ord. No. 923 

District and are not generally required elsewhere, the work 
necessary to meet such requirements shall be completed one 
year from the date of passage of this Ordinance. All non- 
conforming building elements such as fixed grilles and boarded- 
up windows must be changed at the end of a one year period 
from the date of passage of this Ordinance. No work, alterations 
or improvements shall be undertaken after enactment of this Or- 
dinance which do not conform with the requirements above. 

SEC. 10. And be it further ordained, That any person violating 
the provisions contained in Section 9 of this Ordinance shall be 
subject to a fine not exceeding One Hundred Dollars ($100.00) 
and that each day's violation shall constitute a separate offense. 

SEC. ll.And be it further ordained, That in whatever respect, 
if any, the said Renewal Plan approved hereby may not meet the 
requirements as to the content of a renewal plan or the pro- 
cedures for the preparation, adoption, and approval of renewal 
plans, as provided in Article 13 of the Baltimore City Code (1976 
Edition, as amended), the said requirements are hereby waived 
and the Renewal Plan approved hereby is exempted therefrom. 

SEC. 12. And be it further ordained, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance or the applica- 
tion thereof to any person or circumstances is invalid, the re- 
maining provisions and the application of such provisions to 
other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance without the 
word, phrase, clause, sentence, paragraph, section or part or the 
application thereof so held invalid. 

SEC. 13. And be it further ordained, That in any case where a 
provision of this Ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, plumb- 
ing, health, fire or safety ordinance or code or regulation, the ap- 
plicable provisions concerned shall be construed so as to give ef- 
fect to each; provided, however, that if such provisions are found 
to be in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this Or- 
dinance is found to be in conflict with an existing provision of 
any other ordinance or code or regulation in force in the City of 
Baltimore which establishes a lower standard for the promotion 



ORDINANCES 263 

and protection of the public health and safety, the provision of 
this Ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to 
the extent that it may be found in conflict with this Ordinance. 

SEC. 14. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved April 5, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 924 
(Council No. 1522) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
FELLS POINT ASSOCIATES 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore (the "City") to issue, sell and deliver, 
at any time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds, to be desig- 
nated "Baltimore City, Maryland Industrial Development 
Revenue Bonds (Fells Point Associates Project)" (the "Bonds") 
in an aggregate principal amount not to exceed $3,500,000, pur- 
suant to the provisions of Sub section SUB-SECTION (50) of 
Article II of the Charter of Baltimore City (1964 Revision) as 
amended, in order to make the proceeds from the sale thereof 
available to Fells Point Associates, a Maryland general partner- 
ship (the "Borrower") either by making a direct loan to the Bor- 
rower or depositing the proceeds from the sale thereof with, or 
making a loan of such proceeds to, one or more financial institu- 
tions whose deposits are insured by the Federal Savings and 
Loan Insurance Corporation, the Federal Deposit Insurance 
Corporation or any similar agency created under federal or 
state law (the "Lender") which has agreed to make a loan to the 
Borrower in an amount equal to the aggregate principal 
amount of the Bonds, all for the sole and exclusive purpose of 
financing the costs, charges, fees and expenses in connection 



264 ORDINANCES Ord. No. 924 

with (a) the issuance and sale of the Bonds; (b) the recon- 
struction and rehabilitation of certain improvements located on 
real property in Baltimore City; and (c) the acquisition and in- 
stallation of certain furnishings MACHINERY and equip- 
ments , said improvements, furnishings MACHINERY and 
equipment (the "Project") to be owned by the Borrower as a 
multi-family housing project to provide 87 apartment units in 
Baltimore City 15% or 20% of which units are to be held avail 
able for persons of low or moderate income who arc eligible for 
assistance under Section 8 of the United States Housing Act of 
1937, as amended , AT LEAST TWENTY PERCENT (20%) 
(OR AT LEAST FIFTEEN PERCENT (15%), IF THE PROJ- 
ECT IS DEEMED TO BE A "TARGETED AREA PROJECT") 
OF WHICH RENTAL DWELLING UNITS SHALL, UPON 
COMPLETION, BE LEASED TO PERSONS HAVING LOW 
OR MODERATE INCOME, IN COMPLIANCE WITH THE 
REQUIREMENTS OF SECTION 103(BX4XA) OF THE IN- 
TERNAL REVENUE CODE OF 1954, AS AMENDED, AND 
THE REGULATIONS PROMULGATED THEREUNDER; 
authorizing the City to loan the proceeds to the Borrower pur- 
suant to a loan agreement between the City and the Borrower 
or loan the proceeds and TO the Lender or deposit the proceeds 
of the Bonds with the Lender pursuant to a certificate of 
deposit agreement or other similar agreement and to enter into 
a project development and administration agreement or other 
similar agreement to provide for a loan by the Lender to the 
Borrower; authorizing the Mayor of the City to accept, on 
behalf of the City, the letter of intent dated March 9, 1983; 
making certain legislative findings; authorizing and empower- 
ing the Board of Finance of the City, prior to the issuance and 
delivery of such Bonds, to adopt a resolution pursuant to which 
the Board of Finance of the City shall (a) prescribe, among 
other things but not limited to, the form, terms, provisions, 
sources of payment, manner or method of issuing and selling, 
and the time or times of issuance, and any and all other details 
of such Bonds, and (b) do any and all things necessary, proper 
and expedient in connection with the issuance and sale of such 
"Bonds; authorizing the sale of the Bonds by private (negotiated) 
or public (retail) sale; providing that the Borrower shall agree to 
submit certain plans and specifications to, and to coordinate 
with, the Department of Housing and Community Development 
in connection with such reconstruction, rehabilitation and 
equipping of the Project; and generally providing for and deter- 
mining various matters and details in connection with the 



ORDINANCES 265 

authorization, issuance, security, sale and payment of such 
series of Bonds. 

Sub-Section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 
Mayor and City Council of Baltimore (the "City") to issue 
revenue bonds and to use the proceeds of the sale of such 
revenue bonds to finance undertakings for the accomplishment 
of any of the purposes, objects and powers of the City. Some of 
the general objectives of the City, contemplated by the Enabling 
Law, include (a) the relief of conditions of unemployment in 
Baltimore City, (b) promoting the health, welfare and safety of 
the residents of Baltimore City, and (c) promoting commercial 
and economic development in Baltimore City. 

The City has received a letter of intent dated March 9, 1983 
(the "Letter of Intent") from Fells Point Associates, a Maryland 
general partnership (the "Borrower") pursuant to which the Bor- 
rower has requested that the City participate in the financing of 
the costs, charges, fees and expenses in connection with a cer- 
tain project (hereinafter described and referred to as the "Proj- 
ect") by issuing and selling its industrial development revenue 
bonds in the aggregate principal amount not to exceed 
$3,500,000 (the "Bonds") and (a) loaning the proceeds from the 
sale thereof to the Borrower pursuant to a loan agreement (the 
"Loan Agreement") or (b) making a loan of the Bond proceeds to 
one or more financial institutions whose deposits are insured by 
the Federal Savings and Loan Insurance Corporation, the 
Federal Deposit Insurance Corporation or any similar agency 
created under state or federal law (the "Lender") pursuant to a 
loan agreement with such Lender (the "Lender Loan Agree- 
ment") or (c) depositing the proceeds of the Bonds with a Lender 
in accordance with the terms and conditions of a certificate of 
deposit agreement (the "Deposit Agreement") among the City, 
the Lender, and the Trustee (as hereinafter defined). In the 
event the Bond proceeds are loaned to or deposited with a 
Lender, as a condition to the receipt of such deposit or loan, the 
Lender will agree to make a loan to the Borrower pursuant to 
the terms and conditions of a project development and ad- 
ministration agreement (the "Development Agreement") among 
the City, the Lender and the Trustee, said loan to be made by the 
Lender to the Borrower upon the terms and conditions of a loan 
agreement, all as permitted by the Enabling Law. 



266 ORDINANCES Ord. No. 924 

The Project will consist of (a) the reconstruction and 
rehabilitation, so as to contain 87 rental dwelling units, of that 
certain building four stories in height and consisting of 120,000 
square feet, more or less, that is known as 1900 Thames Street 
in Baltimore City together with all existing improvements 
located therein, (b) the acquisition and installation of certain 
equipment and machinery that is necessary or deemed by the 
Borrower to be useful in connection with the operation of the 
Project and (c) the acquisition of such interests in land as may be 
necessary or desirable for the Project, together with roads, 
other rights of access, utilities and other necessary facilities. 
The Project will be owned by the Borrower. At least twenty per- 
cent (20%) of the Units in the Project (or at least fifteen percent 
(15%) if the Project is deemed to be a "targeted area project") 
are to be held available for persons of low or moderate income 
who are eligible for assistance under Section 8 of the United 
States Housing Act of 1037, as amended LEASED, UPON 
COMPLETION, TO PERSONS HAVING LOW OR 
MODERATE INCOME, IN COMPLIANCE WITH THE RE- 
QUIREMENTS OF SECTION 103(B)(4XA) OF THE INTER- 
NAL REVENUE CODE OF 1954, AS AMENDED, AND THE 
REGULATIONS PROMULGATED THEREUNDER. 

Any Loan Agreement or Lender Loan Agreement will provide 
that payments by the Borrower or the Lender, as the case may 
be, shall be sufficient to enable the City to pay the principal of 
and interest and premium, if any, on the Bonds when and as the 
same shall be due and payable. Any Deposit Agreement will pro- 
vide that certificates of deposit (the "Certificates of Deposit") 
issued by the Lender upon deposit by the City of the proceeds of 
the Bonds shall bear interest at a rate sufficient to enable the 
City to pay the interest on the Bonds when and as such interest 
shall be due and payable, and that the Certificates of Deposit 
shall mature at such times and in such amounts as to enable the 
City to pay the principal and premium, if any, on the Bonds 
when and as such principal and any such premium shall be due 
and payable. 

Any Loan Agreement will require the Borrower to use the 
proceeds of the Bonds solely to finance the Project (except to the 
extent of amounts permitted hereunder and by the Loan Agree- 
ment to be expended for other purposes). In the event the Bond 
proceeds are loaned to or deposited with a Lender, the Develop- 
ment Agreement will provide that the Lender will make a loan 
to the Borrower, such loan to be made solely to finance the Proj- 



ORDINANCES 267 

ect (except to the extent of amounts permitted hereunder or 
by such Development Agreement to be expended for other 
purposes). 

As security for the Bonds, the City may enter into a trust in- 
denture (the "Indenture") with a corporate trustee (the 
"Trustee") to be appointed by the Board of Finance of the City 
(the "Board of Finance") or an assignment agreement (the 
"Assignment") with the purchaser of the Bonds (the 
"Purchaser"). Pursuant to an Indenture or pursuant to the 
Assignment in the event that an Indenture is determined to be 
unnecessary, the City will assign to the Trustee or the Purchaser 
(among other things), (a) all of the City's right, title and interest 
in and to and remedies under any Loan Agreement, Lender 
Loan Agreement, Certificates of Deposit, Deposit Agreement, 
Development Agreement or any regulatory agreement between 
the Borrower and the City relating to the tax exemption of in- 
terest on the Bonds (the "Regulatory Agreement") (excepting 
only the right of the City to indemnification by the Lender or the 
Borrower and to payments to the City for expenses incurred by 
the City itself) including any and all collateral referred to 
therein, (b) the receipts and revenues of the City from any loan 
payments by the Borrower or Lender or from the Certificates of 
Deposit, including any insurance proceeds relating thereto, (c) 
moneys which are at any time or from time to time on deposit 
with the Trustee, (d) all right, title and interest in and to and 
remedies with respect to any and all other property of every 
description and nature from time to time by delivery or by 
writing of any kind conveyed, pledged, assigned or transferred, 
as and for additional security for the Bonds, by the City or by 
anyone on its behalf or with its written consent, to the Trustee, 
and (e) all of the City's right, title and interest in and to and 
remedies under such other documents, including, without limita- 
tion, mortgages, deeds of trust, assignments, leases, guaranties 
and security agreements, as the Board of Finance shall deem ap- 
propriate or necessary to effectuate the issuance, sale and 
delivery of the Bonds and which the Board of Finance shall ap- 
prove by a resolution (the "Resolution") to be adopted by the 
Board of Finance prior to the issuance, sale and delivery of the 
Bonds. 

The Bonds may be sold by private (negotiated) sale or by public 
(retail) sale subject to such terms and conditions as shall be ap- 
proved by the Board of Finance, including the form of and the 



268 ORDINANCES Ord. No. 924 

manner of execution and delivery of an official statement or 
other offering circular to be distributed in connection with a 
public offering of the Bonds or an information memorandum or 
other official informational document prepared in connection 
with a private placement of the Bonds. 

NOW, THEREFORE, IN ACCORDANCE WITH THE EN- 
ABLING LAW: 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(a) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law in order to lend the proceeds thereof directly 
to the Borrower or lend such proceeds to or deposit such pro- 
ceeds with a Lender upon an agreement by such Lender to make 
a loan to the Borrower, for the sole and exclusive purpose of 
financing the issuance and sale of the Bonds and the costs of the 
Project will facilitate, enable and expedite the completion of the 
Project by the Borrower. 

(b) The completion of the Project by the Borrower and the 
financing thereof as provided in this Ordinance will serve to pro- 
mote the general purposes contemplated by the Enabling Law 
by (i) sustaining jobs and employment in Baltimore City; (ii) pro- 
moting economic development in Baltimore City; and (iii) en- 
couraging the increase of industry and a balanced economy in 
Baltimore City. 

(c) Neither the Bonds nor the interest or premium (if any) 
thereon shall ever be general obligations of the City or con- 
stitute a pledge of or involve the faith and credit or the taxing 
powers of the City, and neither shall constitute a debt of the City 
within the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other constitutional or 
charter provision or statutory limitation, and neither shall ever 
constitute or give rise to any pecuniary liability of the City. The 
Bonds and the interest thereon shall be limited obligations of the 
City, repayable by the City solely from the sources prescribed by 
the Board of Finance in the Resolution which may include loan 
repayments made by the Borrower or the Lender on account of a 
loan by the City, moneys derived from any collateral pledged 
under any document or security agreement executed and 
delivered in connection with issuance, sale and delivery of the 
Bonds, including revenues derived from any Certificates of 



ORDINANCES 269 

Deposit issued to the City by the Lender and insurance proceeds 
relating to any such Certificates of Deposit, any moneys held 
from time to time by the Trustee, including unexpended Bond 
proceeds and investment earnings thereon, and any other 
moneys made available to the City for such purpose. The pro- 
ceeds of the Bonds of each series will be paid directly to the 
Trustee (or to the holders of the Bonds in the event a trustee is 
not appointed for such purpose) to be disbursed by the Trustee 
as provided in the Indenture or a Loan Agreement to be ap- 
proved by the Board of Finance in the Resolution. Loan 
payments or principal, interest and premium, if any, on the 
Certificates of Deposit will be paid directly to the Trustee (or the 
holders of the Bonds in the event a Trustee is not appointed for 
such purpose) as provided in the Indenture or a Loan Agreement 
to be approved by the Board of Finance in the Resolution. No such 
moneys will be commingled with the City's funds or will be subject 
to the absolute control of the City, but will be subject only to such 
limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the Bonds are 
used to accomplish the public purposes of the Enabling Law and 
this Ordinance. The transactions authorized hereunder shall in no 
event constitute capital projects within the meaning of any 
charter or statutory provisions. The public purposes expressed in 
the Enabling Law are to be achieved by facilitating, enabling and 
expediting the completion of the Project by the Borrower. 

(d) The Board of Finance shall, in its discretion, provide in the 
Resolution for whatever form of security, if any, it deems ap- 
propriate in connection with the issuance, sale and delivery of 
the Bonds. It is contemplated that, if the proceeds of the Bonds 
are loaned to the Borrower or the Lender, the City will acquire 
no interest in the Project other than (i) any general interest in 
the Borrower's or Lender's property snared by all holders of the 
Borrower's or Lender's obligations which rank and are secured 
equally with the Borrower's or Lender's obligations pursuant to 
the Loan Agreement or the Lender Loan Agreement, as ap- 
plicable, (ii) the lien and security interest created by a deed of 
trust, if any, and by the Loan Agreement or the Lender Loan 
Agreement, as applicable, and (iii) any interest created by any 
other mortgage or deed of trust or other security instrument ex- 
ecuted and delivered by the Borrower or the Lender or any third 
party as security for a loan of the Bond proceeds as the Board of 
Finance may provide for and approve in the Resolution and that 
the security for the Bonds shall be solely and exclusively (iv) the 



270 ORDINANCES Ord. No. 924 

absolute, irrevocable and unconditional obligation of the Bor- 
rower or the Lender to make the payments required by the Loan 
Agreement or the Lender Loan Agreement, as applicable, (v) 
moneys from the liquidation of the lien and security interest 
created by the deed of trust, if any, and the Loan Agreement or 
Lender Loan Agreement, as applicable, and of any other lien or 
security interest created with respect to any property as securi- 
ty for a loan of the Bond proceeds or the Bonds as the Board of 
Finance may provide for and approve in the Resolution, and (vi) 
moneys realized from any guaranty of the Bonds or of any such 
loan as the Board of Finance may provide for and approve in the 
Resolution. It is contemplated that, if the proceeds of the Bonds 
are deposited with a Lender pursuant to a Deposit Agreement, 
the City will acquire no interest in the Project and the security 
for the Bonds shall be solely and exclusively the absolute and un- 
conditional obligation and full faith and credit of such Lender 
pledged to make timely payment of the principal of and interest 
and premium, if any, on the Certificates of Deposit and the 
maintenance of insurance by the Lender on the Certificates of 
Deposit for the benefit of the holders of the Bonds in accordance 
with the terms of the Deposit Agreement. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue, sell and deliver, at any time 
and from time to time and in one or more series, and as limited 
obligations of the City and not upon its full faith and credit, its 
Baltimore City, Maryland Industrial Development Revenue 
Bonds (Fells Point Associates Project), in the aggregate prin- 
cipal amount not to exceed $3,500,000 subject to the provisions 
of this Ordinance. The proceeds of the Bonds will be loaned to 
the Borrower pursuant to the terms and provisions of the Loan 
Agreement or, subject to an agreement by the Lender to make a 
loan to the Borrower in accordance with a Development Agree- 
ment, the proceeds of the Bonds shall be loaned to or deposited 
with the Lender pursuant to the terms and provisions of a 
Lender Loan Agreement or Deposit Agreement, as applicable, 
for the sole and exclusive purpose of financing the issuance and 
cost of the Bonds and the costs, charges, fees and expenses of 
the Project. The Bonds and the interest thereon shall be limited 
obligations of the City, repayable by the City solely from the 
sources prescribed by the Board of Finance in the Resolution 
which may include loan repayments by the Borrower or Lender 
on account of a loan by the City of the Bond proceeds, any 
moneys derived from any collateral pledged under any docu- 



ORDINANCES 271 

ment or security agreement executed and delivered in connec- 
tion with the issuance, sale and delivery of the Bonds, including 
any revenues derived from Certificates of Deposit issued to the 
City by the Lender and any insurance proceeds relating to any 
such Certificates of Deposit, any moneys held from time to time 
by the Trustee, including unexpended Bond proceeds and invest- 
ment earnings thereon, and any other moneys made available to 
the City for such purpose. The security for the Bonds shall be 
solely and exclusively as provided in Section 1 of this Ordinance. 



SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the commitment of the City to issue the Bonds, and the 
Mayor of the City is hereby authorized to accept the Letter of In- 
tent on behalf of the City in order to further evidence the com- 
mitment of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

SEC. 4. And be it further ordained, That each of the Bonds 
shall bear the descriptive title "Baltimore City, Maryland In- 
dustrial Development Revenue Bonds (Fells Point Associates 
Project)", provided, that the descriptive title may contain such 
other descriptive information as the Board of Finance may 
prescribe in the Resolution (e.g. "Series A", or "1983 Series"). 
The Bonds shall bear interest at the rate or rates of interest to 
be approved and prescribed by the Board of Finance in the 
Resolution. 

SEC. 5. And be it further ordained, That the definitive Bonds, 
which may be engraved, printed or typewritten, including the 
Trustee's Certificate of Authentication to be endorsed thereon, 
shall be in such form, not inconsistent with the Enabling Law 
and the provisions of this Ordinance, as the Board of Finance 
may approve in the Resolution. 

SEC. 6. And be it further ordained, That the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of 
the City, by his manual or facsimile signature, and by the Direc- 
tor of Finance of the City, by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. Any Loan 
Agreement, Lender Loan Agreement, Certificate of Deposit, 
Deposit Agreement, Indenture, Development Agreement, 
Regulatory Agreement or any other document which the Board 



272 ORDINANCES Ord. No. 924 

of Finance deems necessary or appropriate to effectuate the is- 
suance, sale and delivery of the Bonds, shall be executed in the 
name of the City and on its behalf by the Mayor of the City (or 
such other officer as the Mayor shall lawfully designate for *the 
purpose) by his manual signature, and the corporate seal of the 
City or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the City 
Seal by his manual signature. In case any officer whose 
signature or a facsimile of whose signature shall appear on the 
Bonds or any of the aforesaid documents shall cease to be such 
officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile shall 
nevertheless be valid and sufficient for all purposes, the same as 
if such officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custodian of 
the City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and execute 
such documents and certificates as the Board of Finance may 
determine in the Resolution to be necessary to carry out and 
comply with the provisions hereof. 

SEC. 7. And be it further ordained, That the Bonds shall be ex- 
ecuted, issued and delivered at any time or from time to time in 
one or more series and in such amount or amounts not ex- 
ceeding, in the aggregate, the principal amount of $3,500,000 as 
the Board of Finance shall prescribe in the Resolution. 

SEC. 8. And be it further ordained, That the Bonds shall be 
dated, shall be in such denominations, shall be of such form and 
tenor, and shall be payable in such amounts at such times not ex- 
ceeding 30 years from the date thereof and at such place or 
places as the Board of Finance shall prescribe in the Resolution. 

SEC. 9. And be it further ordained, That the Bonds may be sub- 
ject to redemption prior to their stated maturities upon such 
terms and conditions as the Board of Finance shall prescribe in 
the Resolution. 

SEC. 10. And be it further ordained, That prior to the issuance, 
sale and delivery of the Bonds, the Board of Finance shall adopt 
the Resolution pursuant to which the Board of Finance shall: 

(a) prescribe the form, tenor, terms, sources of payment, pro- 
visions and conditions of and security for the Bonds; 

(b) prescribe the actual amounts, rate or rates of interest (or 
the method of determining the same), denominations, date, ac- 



ORDINANCES 273 

tual maturity or maturities and the place or places of payment of 
the Bonds, and the terms and conditions and details under which 
the Bonds may be called for redemption prior to their stated 
maturities; 

(c) appoint a bank having trust powers, or a trust company, as 
Trustee for the Bonds and appoint a paying agent or agents for 
the Bonds, which may be the Trustee; 

(d) approve the form and contents, and authorize the execution 
and delivery (where applicable) of any of the following 
documents: (i) a Loan Agreement, (ii) a Lender Loan Agree- 
ment, (iii) a Development Agreement, (iv) an Indenture, (v) Cer- 
tificates of Deposit, (vi) a Deposit Agreement, (vii) a Regulatory 
Agreement, (viii) any preliminary and final official statement or 
offering circular prepared in connection with the public sale of 
the Bonds or any offering memorandum or other official infor- 
mational document prepared in connection with a private place 
ment of the Bonds, and (ix) such other documents as the Board 
of Finance shall deem appropriate or necessary in order to effec- 
tuate the issuance, sale and delivery of the Bonds; 

(e) determine the time of execution, issuance, sale and delivery 
of the Bonds and prescribe any and all other details of the 
Bonds; 

(f) provide for the direct payment by the Lender or the Bor- 
rower of all costs, fees and expenses incurred by or on behalf of 
the City in connection with the issuance, sale and delivery of the 
Bonds, including (without limitation) costs of printing (if any) 
and issuing the Bonds, legal expenses and compensation to any 
person (other than full time employees of the City) performing 
services by or on behalf of the City in connection therewith; 

(g) provide for the issuance and sale (subject to the passage of 
an appropriate ordinance authorizing the same as may be 
required at the time) of one or more series of additional bonds 
and one or more series of refunding bonds; and 

(h) do any and all things, and authorize the officials of the City 
to do any and all things, necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 11. And be it further ordained, That any Loan Agree- 
ment, Lender Loan Agreement, Indenture, Deposit Agreement, 
Development Agreement, Regulatory Agreement or any official 
statement, offering circular or information memorandum 



274 ORDINANCES Ord. No. 924 

prepared in connection with the sale of the Bonds shall contain 
such terms, provisions and conditions, not inconsistent with the 
Enabling Law and the provisions of this Ordinance, as the Board 
of Finance shall approve in the Resolution. 

SEC. 12. And be it further ordained, That, as authorized by the 
Enabling Law, the Bonds may be sold at BY private (negotiated) 
sale or by public (retail) sale upon such terms and conditions as 
shall be approved by the Board of Finance in the Resolution. The 
Board is hereby authorized: 

(a) to consent to the use by representatives of the Borrower, 
any investment bankers or other firms acting as underwriters or 
placement agents or otherwise in regard to the sale of the 
Bonds, of (i) a preliminary and final official statement or offer- 
ing circular in connection with any public offering of the Bonds 
or (ii) an offering memorandum or other official informational 
document in connection with any private placement of the 
Bonds; and 

(b) to execute and deliver any purchase agreement for the 
Bonds by and between the City and the underwriters or other 
purchasers of the Bonds consistent with, and subject to, the pro- 
visions of this Ordinance and the Enabling Law and to ac- 
complish any and all actions necessary or deemed appropriate by 
the City officials to issue and deliver the Bonds to such under- 
writers or purchasers in accordance with the provisions of this 
Ordinance and any such purchase agreement. 

SEC. 13. And be it further ordained, That the Bonds and the in- 
terest thereon shall not be general obligations of the City or con- 
stitute a pledge of or involve the faith and credit or the taxing 
power of the City, and shall not constitute a debt of the City, all 
within the meaning of Section 7 of Article XI of the Maryland 
Constitution or any other constitutional or charter provision or 
statutory limitation, limiting or restricting the sale or issuance 
of .bonds, notes, or other obligations of the City. The Bonds and 
the interest thereon shall not constitute or give rise to any 
pecuniary liability of the City. The Bonds, and the interest 
thereon, shall be limited obligations of the City, the principal of 
and interest on which Bonds shall be payable by the City solely 
from and to the extent of sources prescribed by the Board of 
Finance in the Resolution which may include loan repayments 
made by the Borrower or the Lender on account of a loan of the 



ORDINANCES 275 

Bond proceeds by the City to such party, moneys derived from 
any collateral pledged under any document executed and 
delivered in connection with the issuance, sale and delivery of 
the Bonds, including revenues derived from Certificates of 
Deposit issued to the City by the Lender or insurance proceeds 
relating to any such Certificates of Deposit, moneys held from 
time to time by the Trustee, including unexpended Bond pro- 
ceeds and investment earnings thereon, and from any other 
moneys made available to the City for such purpose. The pro- 
ceeds of the Bonds and the payments to be made by the Bor- 
rower or Lender will be paid directly to the Trustee (or to the 
holders of the Bonds if no such trustee is appointed) to be held 
and disbursed by the Trustee as provided in the Indenture or the 
Loan Agreement to be approved by the Board of Finance in the 
Resolution. No such moneys will be commingled with the City's 
Funds or will be subject to the absolute control of the City, but 
will be subject only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that the pro- 
ceeds of the Bonds are used to accomplish the public purposes of 
the Enabling Law and this Ordinance. 

SEC. 14. And be it further ordained, That the Borrower shall 
agree that: 

(a) It will submit any plans and specifications for the construc- 
tion and equipping of the Project to the Department of Housing 
and Community Development for approval, and that the Depart- 
ment of Housing and Community Development may refuse ap- 
proval of any plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality and design. 

SEC. 15. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not a ef- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or their application 
to other persons or circumstances and the remaining provisions 
shall be construed so as to give practical realization to the public 



276 ORDINANCES Ord. No. 925 

purposes intended to be achieved hereunder and the protection 
against pecuniary liability to be afforded to the City. It is hereby 
declared to be the legislative intent that this Ordinance would 
have been passed if such illegal, invalid or unconstitutional pro- 
vision, sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

SEC. 16. And be it further ordained, That if the Bonds are not 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City, the authoriza- 
tion provided in this Ordinance for the City to issue and sell the 
Bonds shall expire; provided, however, that the Board of 
Finance may, after a showing of good cause at a public hearing 
held before the Board of Finance, extend such authorization for 
one additional term not to exceed six months. The Board of 
Finance, in its sole discretion, shall determine the sufficiency, or 
lack thereof, of the reasons presented for any requested exten- 
sion of this Ordinance. If an extension is granted, notice of such 
extension and the reasons therefor must be sent to the City 
Council of the City. 

SEC. 17. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved April 12, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 925 
(Council No. 1521) 

AN ORDINANCE concerning 

• INDUSTRIAL DEVELOPMENT REVENUE BONDS 
COWAN ENTERPRISES, INC. PROJECT 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore to issue, sell and deliver, at any time 
or from time to time, and in one or more series, as limited 
obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, to be designated 



ORDINANCES 277 

"Baltimore City, Maryland Industrial Development Revenue 
Bonds (Cowan Enterprises, Inc. Project)", in the aggregate 
principal amount not to exceed $1,000,000, pursuant to the 
provisions of Sub-section (50) of Article II of the Charter of 
Baltimore City (1964 Revision), as amended, for the sole and 
exclusive purpose of financing the costs, charges, fees, and ex- 
penses in connection with (a) the acquisition of that certain 
parcel or parcels of real property in Baltimore City, together 
with all improvements thereon, containing, in the aggregate, 
0.65 acres, more or less, bordering on South Oldham Street 
and adjoining the real property known as 820 South Oldham 
Street, (b) the construction of a warehouse building containing 
100,000 square feet of space, more or less, upon certain por- 
tions of the aforedescribed real property to be acquired and 
upon the real property known as 820 South Oldham Street, (c) 
the demolition of such improvements located upon the 
aforedescribed real property to be acquired and upon the real 
property known as 820 South Oldham Street as may be 
deemed to be necessary or desirable in connection with the 
construction, use and operation of said warehouse building, (d) 
the acquisition and installation of such equipment or 
machinery as may be deemed to be necessary or desirable in 
connection with the construction, use and operation of said 
warehouse building, and (e) the acquisition of such interests in 
land as may be deemed to be necessary or desirable for the 
construction,, use and operation of said warehouse building, 
together with roads and other rights of access, utilities and 
other necessary facilities; authorizing the Mayor of the City to 
accept, on behalf of the City, the letter of intent of Cowan 
Enterprises, Inc. to the City dated February 18, 1983; making 
certain legislative findings; authorizing and empowering the 
Board of Finance of the City, prior to the issuance, sale and 
delivery of such bonds, to adopt a resolution pursuant to which 
the Board of Finance shall (a) prescribe, among other things, 
but not limited to, the form, terms, provisions, manner or 
method of issuing and selling, and the time or times of is- 
suance, and any and all other details of such bonds, and (b) do 
any and all things necessary, proper or expedient in connec- 
tion with the issuance and sale of such bonds; authorizing the 
private (negotiated) sale of such bonds; providing that Cowan 
Enterprises, Inc. shall agree to submit any plans and specifica- 
tions to, and to coordinate with, the Department of Housing 
and Community Development in connection with the construc- 
tion of said warehouse building and the demolition, if any, of 
existing improvements as may be deemed to be necessary or 



278 ORDINANCES Ord. No. 925 

desirable in connection therewith; providing that, except 
under certain circumstances, if such bonds are not issued and 
sold within six months after the date on which this Ordinance 
is approved by the Mayor of the City, the authorization pro- 
vided in this Ordinance for the City to issue and sell such bonds 
shall expire; and generally providing for and determining 
various matters and details in connection with the authoriza- 
tion, issuance, security, sale and payment of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 
Mayor and City Council of Baltimore (the "City") to issue 
revenue bonds and to use the proceeds of the sale of such 
revenue bonds to finance undertakings for the accomplishment 
of any of the purposes, objects and powers of the City. Some of 
the general objectives of the City contemplated by the Enabling 
Law include the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated February 18, 
1983 (the "Letter of Intent") from Cowan Enterprises, Inc., a 
Maryland corporation (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in the financing 
of the costs of, and the charges, fees and expenses incurred in 
connection with, the Project (herein defined) by issuing and sell- 
ing industrial development revenue bonds of the City in the ag- 
gregate principal amount not to exceed $1,000,000 (the 
"Bonds"), and by loaning the proceeds of the Bonds to the Bor- 
rower, upon the terms and conditions of a loan agreement to be 
entered into between the City and the Borrower (the "Loan 
Agreement'"), as permitted by the Enabling Law (such loan 
being herein referred to as the "Loan"). 

The Project will consist of: (a) the acquisition of a certain 
parcel or parcels of real property in Baltimore City, together 
with all improvements thereon (individually or collectively 
hereafter called the "New Land"), containing, in the aggregate, 
0.65 acres, more or less, bordering on South Oldham Street and 
adjoining the real property known as 820 South Oldham Street 
that is presently owned by the Borrower (820 South Oldham 



ORDINANCES 279 

Street being hereafter called the "Original Land"), (b) the con- 
struction of a warehouse building (the "Building"), containing 
100,000 square feet of space, more or less, upon certain portions 
of the New Land and the Original Land, (c) the demolition of 
such improvements located upon the New Land and the Original 
Land as may be deemed by the Borrower to be necessary or 
desirable in connection with the construction, use and operation 
of the Building, (d) the acquisition and installation of such equip- 
ment or machinery as may be deemed by the Borrower to be 
necessary or desirable in connection with the construction, use 
and operation of the Building, and (e) the acquisition of such in- 
terests in land as may be deemed by the Borrower to be 
necessary or desirable in connection with the construction, use 
and operation of the Building, together with roads and other 
rights of access, utilities and other necessary facilities. 

The Loan Agreement will require the Borrower (a) to use the 
proceeds of the Bonds solely to finance the completion of the 
Project, and (b) to make Loan payments which will be sufficient 
to enable the City to pay the principal, and interest and 
premium, if any, on the Bonds when and as the same shall 
become due and payable. 

As security for the Bonds, the City will enter into either (a) a 
trust agreement (the "Trust Agreement") with a corporate 
trustee (the "Trustee") to be appointed by the Board of Finance 
of the City (the "Board"), or (b) an Assignment and Security 
Agreement (the "Assignment'') with the original purchaser of 
the Bonds (the "Original Purchaser") and a trustee (which may 
be the Original Purchaser) (the "Project Fund Trustee"). Pur- 
suant to the Trust Agreement or the Assignment, the City will 
assign to the Trustee or, if the Assignment is entered into, the 
Original Purchaser, its successors and assigns, (among other 
things) (a) all of the City's right, title and interest in and to and 
remedies under the Loan Agreement, including (without limita- 
tion) any and all security referred to therein, excepting only the 
right of the City to indemnification by the Borrower and to 
payments to the City for expenses incurred by the City itself, (b) 
the receipts and revenues of the City from the Loan, (c) certain 
moneys that are at any time or from time to time on deposit with 
the Trustee or the Project Fund Trustee, (d) all right, title and 
interest in and to and remedies with respect to any and all other 
property of every description and nature from time to time by 
delivery or by writing of any kind conveyed, pledged, assigned 



280 ORDINANCES Ord. No. 925 

or transferred, as and for additional security for the Bonds, by 
the City or by anyone on its behalf or with its written consent, to 
the Trustee, or, if the Assignment is entered into, the Original 
Purchaser, its successors or assigns, and (e) all of the City's 
right, title and interest in and to and remedies under such other 
documents, including (without limitation) mortgages, deeds of 
trust, guaranties and security instruments, as the Board shall 
deem necessary to effectuate the issuance, sale and delivery of 
the Bonds and which the Board shall approve by a resolution or 
resolutions (the "Resolution") to be adopted by the Board prior 
to the issuance, sale and delivery of any of the Bonds. If the 
Board finds and determines, pursuant to the Resolution, that the 
Project will be completed on or before the date of delivery of the 
Bonds, the Board may provide in the Resolution that (a) the 
Project Fund Trustee is not necessary, and (b) if the Assignment 
is entered into, the City will enter into the Assignment with only 
the original purchaser of the Bonds. 

The Bonds will be sold at a private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law in order to lend the proceeds thereof to the 
Borrower for the sole and exclusive purpose of financing the 
costs of the Project will facilitate and expedite the completion of 
the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the 
financing thereof as provided in this Ordinance will serve to pro- 
mote the general purposes contemplated by the Enabling Law 
by (a) sustaining jobs and employment in Baltimore City, (b) pro- 
moting economic development in Baltimore City, and (c) en- 
couraging the increase of industry and a balanced economy in 
Baltimore City. 

(3) Neither the Bonds nor the interest thereon shall ever con- 
stitute a pledge of or involve the faith and credit or the taxing 
power of the City, and neither shall ever constitute a debt of the 
City within the meaning of Section 7 of Article XI of the Con- 
stitution of Maryland or any other constitutional, statutory or 
charter provision limiting or restricting the sale or issuance of 



ORDINANCES 281 

bonds, notes or other obligations of the City, and neither shall 
ever constitute or give rise to any pecuniary liability of the City. 
The Bonds and the interest thereon shall be limited obligations 
of the City, repayable by the City solely from the revenue de- 
rived from Loan repayments (both principal and interest) made 
to the City by the Borrower on account of the Loan and from any 
other moneys made available to the City for such purpose. The 
proceeds of the Bonds will be paid directly to the Trustee or the 
Project Fund Trustee to be held and disbursed by the Trustee as 
provided in the Trust Agreement or by the Project Fund Trustee 
as provided in the Assignment to be approved by the Board in 
the Resolution, provided, however, that if the Board finds and 
determines, pursuant to the Resolution, that the Project will be 
completed on or before the date of delivery of the Bonds, the 
Board may provide in the Resolution that the proceeds of the 
Bonds will be paid directly to the Borrower, or for the account of 
the Borrower, to be used by the Borrower to pay the costs of, or 
to reimburse the Borrower for the payment of the costs of, the 
completion of the Project, as provided in the Assignment to be 
approved by the Board in the Resolution. Payments of the prin- 
cipal of and premium (if any) and interest on the Loan will be 
paid by the Borrower directly to the Trustee as provided in the 
Trust Agreement or to the Original Purchaser, its successors and 
assigns, as provided in the Assignment, to be approved by the 
Board in the Resolution. No such moneys will be commingled 
with the funds of the City or will be subject to the absolute con- 
trol of the City, but will be subject only to such limited supervi- 
sion and checks as are deemed necessary or desirable by the City 
to insure that the proceeds of the Bonds are used to accomplish 
the public purposes of the Enabling Law and this Ordinance. The 
loan form of transaction authorized hereunder shall in no event 
constitute a capital project within the meaning of any charter or 
statutory provision. The public purposes expressed in the En- 
abling Law are to be achieved by facilitating the completion of 
the Project by the Borrower. 

(4) The City will acquire no interest in the Project other than (a) 
any general interests INTEREST in the Borrower's property 
shared by all holders of the Borrower's obligations which rank and 
are secured equally with the Borrower's obligations pursuant to 
the Loan Agreement, (b) any lien and security interest created by 
the Loan Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument executed 
and delivered by the Borrower or any third party as security for 
the Loan or the Bonds as the Board may provide for and approve 



282 ORDINANCES Ord. No. 925 

in the Resolution. The security for the Bonds shall be solely and 
exclusively (a) the absolute, irrevocable and unconditional obliga- 
tions of the Borrower to make the payments required by the Loan 
Agreement, (b) moneys realized from the liquidation of any lien 
and security interest created by the Loan Agreement and of any 
other lien or security interest created with respect to any proper- 
ty as security for the Loan or the Bonds as the Board may provide 
for and approve in the Resolution, and (c) moneys realized from 
any guaranty of the Bonds or of the Loan as the Board may 
provide for and approve in the Resolution. 

(5) The best interests of the City will be served by selling the 
Bonds at a private (negotiated) sale, as authorized by the En- 
abling Law, upon terms and conditions approved by the Board in 
the Resolution. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue, sell and deliver, at any time, 
or from time to time, and in one or more series, and as limited 
obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds in the aggregate principal 
amount not to exceed $1,000,000, subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be loaned to the Bor- 
rower pursuant to the terms and provisions of the Loan Agree- 
ment, to be used by the Borrower for the sole and exclusive pur- 
pose of financing the costs, charges, fees, and expenses in 
connection with the completion of the Project. The Bonds and 
the interest thereon shall be limited obligations of the City, 
repayable by the City solely from the revenue derived from Loan 
repayments (both principal and interest) made to the City by the 
Borrower pursuant to the Loan Agreement and from any other 
moneys made available to the City for such purpose. The secu- 
rity for the Bonds shall be solely and exclusively as provided in 
Section 1 of this Ordinance. 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the commitment of the City to issue the Bonds, and the 
Mayor of the City is hereby authorized to accept the Letter of In- 
tent on behalf of the City in order to further evidence the com- 
mitment of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

SEC. 4. And be it further ordained, That each of the Bonds 
shall bear the descriptive title "Baltimore City, Maryland In- 
dustrial Development Revenue Bonds (Cowan Enterprises, Inc. 



ORDINANCES 283 

Project)", provided, that the descriptive title may contain such 
other descriptive information as the Board may prescribe in the 
Resolution (e.g., "1983 Series"). The Bonds shall bear interest at 
the rate or rates of interest to be determined by negotiation with 
the original purchaser or purchasers of the Bonds and to be ap- 
proved and prescribed by the Board in the Resolution. 

SEC. 5. And be it further ordained, That the definitive Bonds, 
which may be engraved, printed or typewritten, including any 
Trustee's Certificate of Authentication to be endorsed thereon if 
the Trust Agreement is entered into, shall be in such form, not 
inconsistent with the Enabling Law and the provisions of this 
Ordinance, as the Board may approve in the Resolution. 

SEC. 6. And be it further ordained, That the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of 
the City, by his manual or facsimile signature, and by the Direc- 
tor of Finance of the City, by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. The Loan 
Agreement, the Trust Agreement or the Assignment and, 
where applicable, all other documents as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of the 
Bonds, shall be executed in the name of the City and on its behalf 
by the Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal by his manual signature. In case any 
officer whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents shall 
cease to be such officer before the delivery of the Bonds or any 
of the other aforesaid documents, such signature or such fac- 
simile shall nevertheless be valid and sufficient for all purposes, 
the same as if such officer had remained in office until delivery. 
The Mayor of the City, the Director of Finance of the City, the 
Custodian of the City Seal and other officials of the City are 
hereby authorized and empowered to do all such acts and things 
and execute such documents and certificates as the Board may 
determine in the Resolution to be necessary to carry out and 
comply with the provisions hereof. 

SEC. 7. And be it further ordained, That the Bonds shall be ex- 
ecuted, issued and delivered at any time, or from time to time 



284 ORDINANCES Ord. No. 925 

and in one or more series and in such amount or amounts not ex- 
ceeding, in the aggregate, the principal amount of $1,000,000, 
as the Board shall prescribe in the Resolution. 

SEC. 8. And be it further ordained, That the Bonds shall be 
dated, shall be in such denominations, shall be of such form 
and tenor, and shall be payable in such amounts, at such times 
and at such place or places as the Board shall prescribe in the 
Resolution. 

SEC. 9. And be it further ordained, That the Bonds may be 
subject to redemption prior to their stated maturities upon such 
terms and conditions as the Board shall prescribe in the 
Resolution. 

SEC. 10. And be it further ordained, That prior to the issuance, 
sale and delivery of the Bonds, the Board shall adopt the Resolu- 
tion, pursuant to which Board shall: 

(a) prescribe the form, tenor, terms and conditions of and 
security for the Bonds; 

(b) prescribe the actual amounts, rate or rates of interest (or 
the method of determining the same), denominations, date, ac- 
tual maturity or maturities, and the place or places of payment 
of the Bonds, and the terms and conditions and details under 
which the Bonds may be called for redemption prior to their 
stated maturities; 

(c) if a Trust Agreement is entered into, appoint a bank having 
trust powers, or a trust company, as Trustee for the Bonds and, 
if necessary, appoint a paying agent or agents for the Bonds, 
which may be the Trustee; 

(d) approve the form and contents, and authorize the execution 
and delivery (where applicable) of (i) the Loan Agreement, (ii) 
the Trust Agreement or the Assignment, and (iii) such other 
documents, including (without limitation) mortgages, deeds of 
trust, guaranties and security instruments as the Board shall 
deem necessary to approve in order to effectuate the issuance, 
sale and delivery of the Bonds; 

(e) determine the time of execution, issuance, sale and delivery 
of the Bonds and prescribe any and all other details of the 
Bonds; 



ORDINANCES 285 

(f) provide for the direct payment by the Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in connec- 
tion with the issuance, sale and delivery of the Bonds, including 
(without limitation) costs of printing (if any) and issuing the 
Bonds, legal expenses and compensation to any person (other 
than full time employees of the City) performing services by or 
on behalf of the City in connection therewith; 

(g) if the Trust Agreement is entered into, provide for the is- 
suance and sale (subject to the passage of an appropriate or- 
dinance authorizing the same as may be required at the time) of 
one or more series of additional bonds and one or more series of 
refunding bonds; and 

(h) do any and all things, and authorize the officials of the City 
to do any and all things, necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 11. And be it further ordained, That the Loan Agreement 
and the Trust Agreement or the Assignment shall contain such 
terms, provisions and conditions not inconsistent with the 
Enabling Law and the provisions of this Ordinance as the Board 
shall approve in the Resolution. 

SEC. 12. And be it further ordained, That as authorized by the 
Enabling Law, the Bonds shall be sold at private (negotiated) 
sale upon such terms and conditions as shall be approved by the 
Board in the Resolution. 

SEC. 13. And be it further ordained, That neither the Bonds 
nor the interest thereon shall ever constitute a pledge of or in- 
volve the faith and credit or the taxing power of the City, and 
neither shall ever constitute a debt of the City within the meaning 
of Section 7 of Article XI of the Constitution of Maryland or other 
constitutional, statutory or charter provisions limiting or restric- 
ting the sale or issuance of bonds, notes or other obligations of the 
City, and neither shall ever constitute or give rise to any 
pecuniary liability of the City. The Bonds, and the interest 
thereon, shall be limited obligations of the City, the principal of 
and interest on which Bonds shall be payable by the City solely 
from the revenue derived from Loan repayments (both principal 
and interest) made to the City by the Borrower on account of the 
Loan and, to the extent provided by the Board in the Resolution, 
from the proceeds of the Bonds, and from any other moneys made 
available to the City for such purpose. The proceeds of the Bonds 
will be paid directly to the Trustee or the Project Fund Trustee to 



286 ORDINANCES Ord. No. 925 

be held and disbursed by the Trustee as provided in the Trust 
Agreement or by the Project Fund Trustee as provided in the 
Assignment to be approved by the Board in the Resolution, pro- 
vided, however, that if the Board finds and determines, pursuant 
to the Resolution, that the Project will be completed on or before 
the date of delivery of the Bonds, the Board may provide in the 
Resolution that the proceeds of the Bonds will be paid directly to 
the Borrower, or for the account of the Borrower, to be used by 
the Borrower to pay the costs of, or to reimburse the Borrower 
for the payment of the costs of, the completion of the Project, as 
provided in the Assignment to be approved by the Board in the 
Resolution. No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the City, but will 
be subject only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that the pro- 
ceeds of the Bonds are used to accomplish the public purposes of 
the Enabling Law and this Ordinance. 

SEC. 14. And be it further ordained, That in consideration of 
the purchase and acceptance of the Bonds by those who shall 
hold the Bonds from time to time, the City does hereby, and by 
the execution and delivery of the Trust Agreement or the 
Assignment to be approved by the Board shall, set aside and 
pledge the income and revenue under the Loan Agreement 
(other than payments to the City for indemnification or to reim- 
burse the City for expenses incurred by the City itself) to the 
Trustee or, if the Assignment is entered into, the Original Pur- 
chaser, its successors and assigns, to be used and applied for the 
payment of the principal of and interest on the Bonds. Pursuant 
to the terms of the Loan Agreement to be approved by the 
Board in the Resolution, payments sufficient for the prompt pay- 
ment when due of the principal of, premium, if any, and interest 
on the Bonds are to be paid by the Borrower to the Trustee for 
the benefit of the holders of the Bonds, or, if the Assignment is 
entered into, to the Original Purchaser, its successors and 
assigns, for the account of the City. 

SEC. 15. And be it further ordained, That the Borrower -shall 
agree that: 

(a) It will submit any plans and specifications for the Project to 
the Department of Housing and Community Development for 
approval, which approval shall not be withheld unreasonably; 
and 



ORDINANCES 287 

(b) It and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality and design. 

SEC. 16. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity, unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, 
sections, or parts of this Ordinance, or their application to other 
persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have passed if such 
illegal, invalid or unconstitutional provision, sentence, clause, 
section or part had not been included herein, and if the person or 
circumstances to which this Ordinance or any part hereof are in- 
applicable had been specifically exempted herefrom. 

SEC. 17. And be it further ordained, That, if the Bonds are not 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City, the authoriza- 
tion provided in this Ordinance for the City to issue and sell the 
Bonds shall expire; provided, however, that the Board may, 
after a showing of good cause at a public hearing held before the 
Board, extend such authorization for one additional term not to 
exceed six months. The Board, in its sole discretion, shall deter- 
mine the sufficiency, or lack thereof, of the reasons presented 
for any requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor must 
be sent to the City Council. 

SEC. 18. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved April 15, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



288 ORDINANCES Ord. No. 926 

No. 926 
(Council No. 1523) 

AN ORDINANCE concerning 

REVENUE BONDS - 
(ATLANTIC PHOTO SUPPLY COMPANY, INC. PROJECT) 

FOR the purpose of authorizing Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time 
and in one or more series, as limited obligations of the City and 
not upon its full faith and credit, its revenue bonds, in the ag- 
gregate principal amount not to exceed $300,000, pursuant to 
the provisions of Subsection (50) of Article II of the Charter of 
Baltimore City (1964 Revision), as amended, for the purpose of 
financing the costs of the completion by Atlantic Photo Supply 
Company, Inc., a Maryland corporation, of a certain facility 
located or to be located at Washington Boulevard and West- 
ern Avenue in Baltimore City and consisting generally of the 
acquisition of certain land located at the intersection of 
Washington Boulevard and Western Avenue, and the con- 
struction of a building of approximately 8,800 square feet on 
such land, a portion of which will be leased to Wills X-Ray Sup- 
plies, Inc., a Maryland corporation for use by Atlantic Photo 
Supply Company, Inc. and Wills X-Ray Supplies, Inc. as a 
facility for selling and servicing photographic and x-ray equip- 
ment and supplies; making certain legislative findings, among 
others, that the completion of such facility and the financing of 
the costs of such completion as provided in this Ordinance will 
serve to promote the general purposes contemplated by the 
City Charter by (a) sustaining jobs and employment . in 
Baltimore City; (b) promoting economic development in 
Baltimore City; (c) encouraging the increase of industry and a 
balanced economy in Baltimore City; and (d) promoting the 
economic development and the health, welfare and safety of 
the residents of Baltimore City; authorizing the Board of 

• Finance of the City, to prescribe certain details of such 
revenue bonds and do any and all things necessary, proper or 
expedient in connection with the issuance and sale of such 
revenue bonds; authorizing the issuance of notes in anticipa- 
tion of the issuance of such revenue bonds; and generally pro- 
viding for and determining various matters and details in con- 
nection with the issuance and sale of such revenue bonds and 
bond anticipation notes. 



ORDINANCES 289 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 
Mayor and City Council of Baltimore (the "City'O to borrow 
money to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations (including 
refunding bonds, notes, or other obligations), all of which shall 
be fully negotiable, payable, as to both principal and interest, 
solely from and secured solely by a pledge of (I) the revenues 
from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken 
by the issuance of such bonds, notes or other obligations, (II) the 
revenues from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, (III) the 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obliga- 
tions, or (IV) any combination of (I), (II) or (III). The purposes, 
objects and powers of the City contemplated by the Enabling 
Law include the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated February 10, 
1983 (the "Letter of Intent") from Atlantic Photo Supply Com- 
pany, Inc., a Maryland corporation (the "Borrower"), pursuant 
to which the Borrower has requested the City to participate in 
the financing of the costs of the completion by the Borrower of a 
certain project in Baltimore City, Maryland (the "Project"), by is- 
suing and selling the City's industrial development revenue 
bonds in the aggregate principal amount not to exceed $300,000 
(the "Bonds"), and by making the proceeds of the Bonds 
available to the Borrower to be used by the Borrower for the sole 
and exclusive purpose of financing the costs of the completion of 
the Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish 
the purposes, objects and powers of the City as mentioned in the 
Enabling Law, will consist generally of (a) the acquisition of a 
tract of land containing approximately 1.5 acres, located at the in- 
tersection of Washington Boulevard and Western Avenue in 



290 ORDINANCES Ord. No. 926 

Baltimore City, (b) the construction of a 8,800 square foot building 
thereon, and (c) the acquisition of such other interests in land as 
may be necessary or suitable for the foregoing, including roads 
and rights of access, utilities and other site preparation facilities 
necessary for the acquisition and installation in such building. 
Upon completion, the Project will be owned by the Borrower and 
a portion of the Project will be leased to Wills X-Ray Supplies, 
Inc., a Maryland corporation for use as a facility for selling and 
servicing photographic and x-ray equipment and supplies. 

The Enabling Law provides that the City may authorize and 
empower the Board of Finance of the City (the "Board") by 
resolution to determine and set forth the form, terms, provi- 
sions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of the Bonds and the is- 
suance and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

SECTION 1. Be it ordained by Mayar and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law in order to make the proceeds thereof 
available to the Borrower for the sole and exclusive purpose of 
financing the costs of completion of the Project will facilitate 
and expedite the completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the 
financing of the costs of such completion as provided in this 
Ordinance will serve to promote the general purposes con- 
templated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic develop- 
ment in Baltimore City; (c) encouraging the increase of industry 
and a balanced economy in Baltimore City; and (d) promoting 
the economic development and the health, welfare and safety of 
the residents of Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of 
the City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 



ORDINANCES 291 

debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obliga- 
tions of the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of 

(I) the revenues from or arising in connection with the Project, 

(II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the 
Bonds. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal amount 
not to exceed $300,000, subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be made available to 
the Borrower under terms and conditions approved by the 
Board and set forth in a Resolution, and used by the Borrower 
for the sole and exclusive purpose of financing the costs of the 
completion of the Project. 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the present intent of the City to issue the Bonds, and the 
Mayor of the City is hereby authorized to accept the Letter of 
Intent on behalf of the City in order to further evidence the 
present intent of the City to issue the Bonds in accordance with 
the terms and provisions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board is hereby authorized and empowered, 
by a resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 



292 ORDINANCES Ord. No. 926 

or times of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing state- 
ments and closing certificates), under which the proceeds of the 
Bonds will be made available to the Borrower to finance the 
costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 5. And be it further ordained, That any and all of the 
Bonds shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the taxing power 
of the City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, notes or 
other obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 

SEC. 6. And be it further ordained, That the Borrower shall 
agree that: 

(a) it will submit any plans and specifications for the Project to 
the Department of Housing and Community Development for 



ORDINANCES 293 

approval, and that the Department of Housing and Community 
Development may refuse approval of any plans and specifica- 
tions for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality site, building, and 
landscape design. 

SEC. 7. And be it further ordained, That any and all of the 
Bonds shall be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile signature, 
and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal, by his manual 
signature. Any trust agreement or other documents as the 
Board shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the City 
and on its behalf by the Mayor of the City by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of 
whose signature shall appear on the Bonds or any of the 
aforesaid documents shall cease to be such officer before the 
delivery of the Bonds or any of the other aforesaid documents, 
such signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Direc- 
tor of Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents and 
certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof. 

SEC. 8. And be it further ordained, That any and all necessary 
financing statements required for the consummation of the 
transactions authorized by this Ordinance may be executed on 
behalf of the City by the Mayor of the City or by the Chief, 
Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor 
of the City to execute such financing statements. 

SEC. 9. And be it further ordained, That the authority to issue 
the Bonds is intended and shall be deemed to include the authori- 



294 ORDINANCES Ord. No. 926 

ty to issue bond anticipation notes pursuant to Section 12 of 
Article 31 of the Annotated Code of Maryland (1976 Replace- 
ment Volume and 1982 Cumulative Supplement), as amended 
(the "Bond Anticipation Note Enabling Legislation"). Reference 
in this Ordinance to the "Bonds" shall include such bond anticipa- 
tion notes where appropriate. Prior to the issuance, sale and 
delivery of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of such bond 
anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of such bond anticipation 
notes; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing state- 
ments and closing certificates), under which the proceeds of 
such bond anticipation notes will be made available to the Bor- 
rower to finance the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of such bond an- 
ticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond anticipa- 
tion notes issued pursuant to this Section of this Ordinance and 
the interest thereon from the proceeds of the Bonds in anticipa- 
tion of the sale of which such notes are issued, and the City 
hereby further covenants to issue such Bonds, as the case may 
be, when, and as soon as, the reason for deferring the issuance 
of the Bonds no longer exists. The timely issuance of such 
Bonds, however, is dependent upon matters not within the con- 
trol of the City, including (without limitation) the existence of a 
purchaser or purchasers for such Bonds at the time the reason 



ORDINANCES 295 

for deferring the issuance of the Bonds no longer exists and the 
effectiveness of various actions taken by the Borrower, its of- 
ficers, agents, and employees. 

SEC. 10. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not af- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or their application 
to other persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted 
herefrom. 

SEC. 11. And be it father ordained, That either the Bonds or 
bond anticipation notes issued pursuant to Section 9 of this 
Ordinance in anticipation of the issuance of the Bonds must be 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City; provided, 
however, that the Board, after a showing of good cause at a 
public hearing held before the Board prior to or after the expira- 
tion of such six month period, may extend the period during 
which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months 
from the date on which the first six month period expired. The 
Board, in its sole discretion, and without action by the City 
Council, shall determine the sufficiency, or lack thereof, of the 
reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. To the ex- 
tent that neither the Bonds nor such bond anticipation notes are 
issued and sold within twelve months from the date on which this 
Ordinance is approved by the Mayor of the City, the authority 
provided in this Ordinance for the City to issue and sell the 
Bonds and such bond anticipation notes shall expire. 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved April 15, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



296 ORDINANCES Ord. No. 927 

No. 927 
(Council No. 1486) 

AN ORDINANCE concerning 

COUNCILMANIC REDISTRICTING 

FOR the purpose of altering the boundaries of the councilmanic 
districts for the members of the City Council of the City of 
Baltimore so as to generally account for the effects of the 
results of the 1980 census and generally relating to the coun- 
cilmanic districts. 

BY authority of 
Article 3 -City Council 
Section 7 
Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That: 

(A) All references contained in this ordinance to the several 
wards and precincts of Baltimore City are to the respective 
wards and precincts as they individually have been constituted 
and are of record in the office of the Board of Supervisors of 
Elections of Baltimore City as of the effective date of this 
ordinance. 

(B) The First Councilmanic District consists of the following 
parts of Baltimore City: 

(a) Wards 1, 2, 3, 5, 6, 7 and 22 in their entirety; 

(b) That part of Ward 4 that consists of Precincts 1 and 2, 
and part of Precinct 3; 

(C) THAT PART OF WARD 7 THAT CONSISTS OF 
PRECINCTS 1 THROUGH 3 INCLUSIVE AND PRECINCTS 
7 THROUGH 9 INCLUSIVE. 

(e> (D) That part of Ward 8 that consists of Precinct 
PRECINCTS 3 AND 13; 

(d) That part of Ward 10 that consists of Prccincta 2 and 3; 
and 

(e)-(F) That part of Ward 26 that consists of Precincts 1 
through 34 37, inclusive, and Precincts 46 through 51, inclusive. 



ORDINANCES 297 

(C) The Second Councilmanic District consists of the following 
parts of Baltimore City: 

(a) Wards 11 and 12 in their entirety; 

(B) THAT PART OF WARD 7 THAT CONSISTS OF 
PRECINCTS 4 THROUGH 6, INCLUSIVE. 

(fe> (C) That part of Ward 8 that consists of Precincts 4 
through i3 12, inclusive; 

(e>(D) That part of Ward 9 that consists of Precincts 2 
through 6, inclusive AND 3, and Precincts 8 through 17, 
inclusive; 

(d>(E) That part of Ward 10 that consists of Precincts 1 
and-4 THROUGH 4 INCLUSIVE; 

(e>(F) That part of Ward 13 that consists of Precinct 1, 
Precincts 15 through 22, inclusive, and Precinct 25; and 

(f)- (G) That part of Ward 14 that consists of Precincts 1 
and 2 and Precinct 12. 

(D) The Third Councilmanic District consists of the following 
parts of Baltimore City: 

(a) That part of Ward 8 that consists of Precincts 1 and 2; 

(b) That part of Ward 9 that consists of Precincts 1 and 7 
4 THROUGH 7 INCLUSIVE; 

(c) That part of Ward 26 that consists of Precincts 35 38 
through 45, inclusive; and 

(d) That part of Ward 27 that consists of Precincts 2 
through 77, inclusive. 

(E) The Fourth Councilmanic District consists of the following 
parts of Baltimore City: 

(a) Wards 16 and 17 in their entirety; 

(b) That part of Ward 4 that consists of part of Precinct 3; 

(c) That part of Ward 13 that consists of Precincts 6 
through 14, inclusive, AND PRECINCTS 23 AND 24; 



298 ORDINANCES Ord. No. 927 

(d) That part of Ward 14 that consists of Precincts 3 
through 11, inclusive; 

(e) That part of Ward 15 that consists of Precincts 10, 
Precincts 15 through 42, inclusive, and Precinct 45; 

(f) That part of Ward 18 that consists of Precinct 1; and 

(g) That part of Ward 127 that consists of Precinct 96. 

(F) The Fifth Councilmanic District consists of the following 
parts of Baltimore City: 

(a) That part of Ward 13 that consists of Precincts 2 
through 5, inclusiv e, and Precincts 23 and 2 4; 

(b) That part of Ward 15 that consists of Precincts 1 
through 9, inclusive; Precincts 11 through 14, inclusive and 
Precincts 43 and 44; 

(c) That part of Ward 27 that consists of Precincts 78 
through 95, inclusive, and Precincts 97 through 108, inclusive; 
and 

(d) That part of Ward 28 that consists of Precincts 1 
through 15, inclusive, and Precincts 19 and 20. 

(G) The Sixth Councilmanic District consists of the following 
parts of Baltimore City: 

(a) Wards 19 through 21, inclusive, and Wards 23 through 
25, inclusive, in their entirety; 

(b) That part of Ward 18 that consists of Precinct 2; and 

(c) That part of Ward 28 that consists of Precincts 16 
through 18, inclusive. 

Sec. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved April 18, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES . 299 

No. 928 
(Council No. 1494) 

AN ORDINANCE concerning 

RIGHT-OF-WAY -ROGER C. DUNCAN 

FOR the purpose of authorizing the Mayor and City Council of 
Baltimore to grant unto Roger C. Duncan, his heirs and 
assigns, a perpetual easement Twenty (20) feet wide, for the 
purposes of ingress and egress and installation of telephone 
and electric wires in, on, over or under the property of the City 
situate in Baltimore County. The exclusive use of said ease- 
ment area for public purposes being no longer needed by the 
Mayor and City Council of Baltimore. 

BY authority of 
Article V- Comptroller 
Section 5(b) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, in consideration of the aforesaid Roger C. Duncan 
dismissing, with prejudice, the Bill of Complaint filed by him 
against the Mayor and City Council of Baltimore, now pending 
in the Circuit Court for Baltimore County, Equity Docket 
94569/119/57 by which Bill of Complaint he alleges the aforesaid 
land owned by him is legally entitled to a way-of-necessity over 
the aforesaid adjacent land of the City to the public highway 
known as Gunpowder Road, it has been mutually agreed that a 
permanent agreement EASEMENT shall be granted to Roger 
C. Duncan across the aforesaid land of the City, for the exclusive 
use of the aforesaid property of Roger C. Duncan, said agree 
mcnt EASEMENT to contain appropriate provisions protecting 
the interests of the Mayor and City Council of Baltimore. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore be and 
it is hereby authorized to grant and convey to Roger C. Duncan, 
his heirs and, assigns, a perpetual easement Twenty (20) feet 
wide for the purposes of ingress and egress and installation of 
telephone and electric wires in, oh, over or under the property of 
the City situate in Baltimore County, upon an agreement being 
executed by the said Roger C. Duncan and the Mayor and City 
Council of Baltimore, containing appropriate provisions protect- 
ing the interests of the City by reason of the granting of said 
easement. The location of said easement area being as follows: 



300 ORDINANCES Ord. No. 928 

BEGINNING for the said strip or parcel of land at Stone 161 
found at the end of the northwesterly or South 55°44'20" West 
731.211 foot line as shown on the aforesaid plat, and running 
thence reversely with and along said northwesterly line in the 
meridian of said plat North 55°44'20" EAST, 731.211 feet to 
Stone 160 found at the beginning thereof, thence running 
reversely with and along the northeasterly or North 43° 3010" 
West, 1234.013 foot line as shown on said plat South 43°30'10" 
East 1234.013 feet to Stone 159 found at the beginning thereof, 
thence running across the property of the Mayor and City Coun- 
cil of Baltimore the following two (2) courses and distances 
South 51°15'31" East, 155.601 feet to a point thence North 
65°27'20" East, 30.000 feet to a point on the northeasterly or 
North 50°54'40" West, 76 8 .778 768.738 foot line as shown on 
the aforesaid plat, 167. 8 167.80 feet from Stone 158 found at 
the end thereof, said point also being in the centre line of pave- 
ment of Gunpowder Road, as now laid out and existing, thence 
leaving said northeasterly plat line and running with and along 
said centre line of pavement of Gunpowder Road, South 
24°32'40" East 20.000 feet to a point thereon, thence leaving 
said centre line of pavement of Gunpowder Road and running 
across the property of the Mayor and City Council of Baltimore 
the following Six (6) courses and distances South 65°27'20" 
West, 42.324 feet to a point; thence North 51°15'31" West, 
169.231 169.281 feet to a point, thence North 43°30'10" West, 
1208.361 feet to a point; thence North 83°52'56" West, 15.236 
feet to a point; thence South 55°44'20" West, 716.727 feet to a 
point; thence North 66°13'20" West, 31.551 feet to a pointj-ON 
THE northwesterly or South 68°46'40" West, 667.005 697.005 
foot line as shown on the aforesaid plat, 667.005 feet from Stone 
162 FOUND at the end thereof and running thence reversely 
with and along a part of said northwesterly plat line, North 
68°46'40" East 30.000 feet to the place of beginning, containing 
43,457.57 square feet or 0.9976 of an acre of land. Said parcel 
being no longer needed for exclusive public purposes. 

SEC. 2. Be it further ordained, That no deed or deeds shall 
pass in accordance herewith until the same shall have first been 
approved by the City Solicitor. 

SEC. 3. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved April 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 301 

No. 929 
(Council No. 1495) 

AN ORDINANCE concerning 

TAXES -PENALTIES AND INTEREST 

FOR the purpose of providing for one-quarter AND THREE- 
QUARTER year taxes and interest and penalties thereon; 
repealing discounts on ordinary, three-quarter and half year 
taxes; simplifying the language and RELATING TO the 
calculation of interest and penalties on tax bills; and generally 
revising in conformity with State law MAKING THE 
THREE-QUARTER YEAR TAX AND PENALTIES AND 
INTEREST THEREON RETROACTIVE. 

BY repealing 
Article 28 -Taxes 
Subtitle - Director of Finance 
Sections 12-15 
Baltimore City Code (1976 Edition, as amended) 

BY adding 
Article 28 -Taxes 
Subtitle -Director of Finance 
Sections 12-15 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code be added, 
repealed or amended to read as follows: 

ARTICLE 28 -TAXES 

Director of Finance 
[12. Penalties and interest imposed. 

(a) For all municipal taxes becoming due and payable or which 
are overdue and in arrears on and after the 1st day of July, 1982 
there are hereby imposed the following penalties, which include 
interest at the rate of twelve per centum per annum, as pre- 
scribed in Section 48(e) of Article 81 of the Annotated Code of 
Maryland (Chapter 902, Laws of Maryland, 1982) on all such 
municipal taxes becoming in arrears, the same to be imposed in 
or for the year for which such taxes were levied: 



302 ORDINANCES Ord. No. 929 

Two per centum (2%) on October 1 on taxes remaining unpaid 
at the end of the month of September; four per centum (4%) on 
November 1 on taxes remaining unpaid at the end of the month 
of October; six per centum (6%) on December 1 on taxes remain- 
ing unpaid at the end of the month of November; eight per cen- 
tum (8%) on January 1 on taxes remaining unpaid at the end of 
the month of December; ten per centum (10%) on February 1 on 
taxes remaining unpaid at the end of the month of January; 
twelve per centum (12%) on March 1 on taxes remaining unpaid 
at the end of the month of February; fourteen per centum (14%) 
on April 1 on taxes remaining unpaid at the end of the month of 
March; sixteen per centum (16%) on May 1 on taxes remaining 
unpaid at the end of the month of April; eighteen per centum 
(18%) on June 1 on taxes remaining unpaid at the end of the 
month of May; thereafter, in addition to the aforegoing 
penalties, a penalty at the rate of two per centum (2%) per 
month which includes interest at the rate of twelve per centum 
per annum, as prescribed by said Section 48(e) of Article 81 of 
the Annotated Code of Maryland (Chapter 902, Laws of 
Maryland, 1982), shall be imposed until said taxes are paid. The 
aforegoing rates as stipulated in this paragraph shall apply to all 
taxes based upon assessments reported to the Director of 
Finance provided that the bill therefor is rendered on or before 
August 31 in the taxable year for which such taxes apply. Taxes 
based upon assessments reported to the Director of Finance, 
bills for which are rendered after August 31, in the taxable year 
for which such taxes apply, will be considered delinquent thirty 
(30) days after the date of the bill therefor. Such bills, if not paid 
within the thirty-day period, will be subject to the following 
penalties, including interest at the rate of twelve per centum per 
annum, as prescribed by said Section 48(e) of Article 81 of the 
Annotated Code of Maryland (Chapter 902, Laws of Maryland, 
1982): 

No. of Days after Date of Bill Penalty including Interest at 
When Payment is Received by the Rate of 12% Per Annum 
Director of Finance 

31 days to 60 days 2% 

61 days to 90 days 4% 

91 days to 120 days 6% 

121 days to 150 days 8% 

151 days to 180 days 10% 

181 days to 210 days 12% 

211 days to 240 days 14% 



ORDINANCES 303 

No. of Days after Date of Bill Penalty including Interest at 
When Payment is Received by the Rate of 12% Per Annum 
Director of Finance 

241 days to 270 days 16% 

271 days to 300 days 18% 

301 days and thereafter ..... In addition to above, penalty 

of 2% per month which in- 
cludes interest at the rate of 
12% per annum. 

(b) In all instances of escaped or omitted property the 
penalties and interest herein provided shall be added to the bill 
for the current year and back years in the same manner as if 
such property had not escaped or been omitted. 

(c) The penalties and interest provided for shall be added to the 
bill for taxes itself and collected by the Director of Finance in the 
same manner as taxes are collected. 

13. Quarter-annual date of finality; discounts and penalties. 

The Director of Finance is hereby authorized and directed to 
allow or impose, as the case may be, on all bills for taxes for 
municipal purposes on real property which have been assessed 
as of a quarter-annual date of finality, and for which taxes have 
been levied for the period October 1, 1982, through June 30, 
1983, and for each like period in every fiscal year thereafter: 

(a) a discount of one per centum (1%) if paid on or before the 
31st day of October of such fiscal year and a discount of one half 
of one per centum (1/2%) if paid on or before the 30th day of 
November of such fiscal year. 

(b) penalties, which include interest at the rate of twelve per 
centum (12%) per annum, as prescribed by Section 50 of Article 
81 of the Annotated Code of Maryland (Chapter , Laws of 
Maryland 1982) as follows: 

Two per centum (2%) on January 1 on taxes remaining unpaid 
at the end of the month of December; four per centum (4%) on 
February 1 on taxes remaining unpaid at the end of the month of 
January; six per centum (6%) on March 1 on taxes remaining un- 
paid at the end of the month of February; eight per centum (8%) 
on April 1 on taxes remaining unpaid at the end of the month of 
March; ten per centum (10%) on May 1 on taxes remaining un- 
paid at the end of the month of April; twelve per centum (12%) 
on June 1 on taxes remaining unpaid at the end of the month of 



304 ORDINANCES Ord. No. 929 

May. Thereafter, in addition, two per centum (2%) per month 
until said taxes are paid. The foregoing rates as stipulated in this 
subparagraph shall apply to all taxes based upon quarter-annual 
assessments reports to the Director of Finance, provided that 
the bill therefor is rendered on or before December 1 in the tax- 
able year for which such taxes apply; taxes based upon quarter 
annual assessments reported to the Director of Finance for 
which bills are rendered after December 1st in the taxable year 
for which such taxes apply will be considered delinquent thirty 
(30) days after the date of the bill therefor. Such bills, if not paid 
within the thirty-day period, will be subject to the following 
penalties, including interest at the rate of twelve per centum 
(12%) per annum, as prescribed by said Section 50 of Article 81 
of the Annotated Code of Maryland (Chapter , Laws of 
Maryland 1982): 

No. of Days After Date of Bill Penalty Including Interest at 
When Payment is Received by the Rate of 12% Per Annum 
Director of Finance 

31 days to 60 days 2% 

61 days to 90 days 4% 

91 days to 120 days 6% 

121 days to 150 days 8% 

151 days to 180 days 10% 

181 days to 210 days 12% 

211 days and thereafter In addition to above, penalty 

of 2% per month, which in- 
cludes interest at the rate of 
12% per annum. 

(c) In all instances of escaped or omitted property, the 
penalties and interest herein provided shall be added to the bills 
for the current year and back years in the same manner as if 
such property had not escaped or been omitted. 

(d) The penalties and interest provided for shall be added to 
the bill for taxes itself and collected by the Director of Finance in 
the same manner as taxes are collected. 

14. 1966 provisions. 

(a) Discounts. The Director of Finance is hereby authorized 
and directed to allow on all bills for taxes for municipal purposes 
for real estate, chattels real and personal property levied and 
imposed for the period January 1, 1966, through June 30, 1966, 
a discount of one per centum if paid on or before the 28th day of 



ORDINANCES 305 

February, 1966, and a discount of one-half of one per centum if 
paid on or before the 31st of March, 1966. 

(b) Penalties and interest. For all municipal taxes levied and 
imposed for the period January 1, 1966, through June 30, 1966, 
there are hereby imposed the following penalties, which include 
interest at the rate of six per centum per annum, on all such 
taxes: 

(1) One per centum on May 1 on taxes remaining unpaid at 
the end of the month of April; two per centum on June 1 on taxes 
remaining unpaid at the end of the month of May; three per cen- 
tum on July 1 on taxes remaining unpaid at the end of the month 
of June; four per centum on August 1 on taxes remaining unpaid 
at the end of the month of July; five per centum on September 1 
on taxes remaining unpaid at the end of the month of August; 
six per centum on October 1 on taxes remaining unpaid at the 
end of the month of September; seven per centum on November 
1 on taxes remaining unpaid at the end of the month of October; 
eight per centum on December 1 on taxes remaining unpaid at 
the end of the month of November. Thereafter, in addition to the 
aforegoing penalties, a penalty at the rate of one per centum per 
month, which includes interest at the rate of six per centum per 
annum, shall be imposed until said taxes are paid. The foregoing 
rates as stipulated in this paragraph shall apply to all taxes 
based upon assessments reported to the Director of Finance, 
provided that the bill therefor is rendered on or before April 1, 
1966. Taxes based upon assessments reported to the Director of 
Finance, bills for which are rendered after April 1, 1966, will be 
considered delinquent thirty days after the date of the bill 
therefor. Such bills, if not paid within the thirty-day period, will 
be subject to the following penalties, including interest at the 
rate of six per centum per annum: 

No. of Days after Date of Bill Penalty including Interest at 
When Payment is Received by the Rate of 6% Per Annum 
Director of Finance 

31 days to 60 days 1% 

61 days to 90 days 2% 

91 days to 120 days 3% 

121 days to 150 days 4% 

151 days to 180 days 5% 

181 days to 210 days 6% 

211 days to 240 days 7% 

241 days to 270 days 8% 



306 ORDINANCES Ord. No. 929 

No. of Days after Date of Bill Penalty including Interest at 
When Payment is Received by the Rate of 6% Per Annum 
Director of Finance 

271 days and thereafter In addition to above, penalty 

of 1% per month, which in- 
cludes interest at the rate of 
6% per annum. 

(2) In all instances of escaped or omitted property, the 
penalties and interest provided shall be added to the bills for the 
current year and back years in the same manner as if such prop- 
erty had not escaped or been omitted. 

(3) The penalties and interest provided for shall be added 
to the bills for taxes itself and collected by the Director of 
Finance in the same manner as taxes are collected. 

(c) Application. Nothing contained in this section shall be 
taken or construed to affect in any manner the discounts, 
penalties, and interest allowed or imposed on taxes which are 
due and payable for any period other than the period January 1, 
1966, through June 30, 1966. 

15. Semi-annual date of finality; discounts and penalties. 

Anything contained in Section 11 or 12 of this Article 28 to the 
contrary notwithstanding, the Director of Finance is hereby 
authorized and directed to allow or impose, as the case may be, 
on all bills for taxes for municipal purposes on real property 
which have been assessed as of a semi-annual date of finality, 
and for which taxes have been levied for the period January 1, 
1983 through June 30, 1983, and for each like period in every 
fiscal year thereafter: 

(a) a discount of one per centum (1%) if paid on or before the 
last day of January of such fiscal year and a discount of one half 
of one per centum (1/2%) if paid on or before the last day of 
February of such fiscal year. 

.(b) penalties, which (include) interest at the rate of twelve per 
centum (12%) per annum, as prescribed by Section 50 of Article 
81 of the Annotated Code of Maryland (Chapter , Laws of 
Maryland, 1982) as follows: 

(1) two per centum (2%) on April 1 on taxes remaining un- 
paid at the end of the month of March; four per centum (4%) on 
May 1 on taxes remaining unpaid at the end of the month of 



ORDINANCES 307 

April; six per centum (6%) on June 1 on taxes remaining unpaid 
at the end of the month of May; eight per centum (8%) of July 1 
on taxes remaining unpaid at the end of the month of June; ten 
per centum (10%) on August 1 on taxes remaining unpaid at the 
end of the month of July; twelve per centum (12%) on September 
1 on taxes remaining unpaid at the end of the month of August; 
fourteen per centum (14%) on October 1 on taxes remaining un- 
paid at the end of the month of September. Thereafter, in addi- 
tion, two per centum (2%) per month until said taxes are paid. 
The foregoing rates as stipulated in this subparagraph shall ap- 
ply to all taxes based upon semi-annual assessments reported to 
the Director of Finance, provided that the bill therefor is 
rendered on or before March 1 in the taxable year for which such 
taxes apply. Taxes based upon semi-annual assessments 
reported to the Director of Finance, bills for which are rendered 
after March 1 in the taxable year for which such taxes apply, will 
be considered delinquent thirty (30) days after the date of the bill 
therefor. Such bills, if not paid within the thirty-day period, will 
be subject to the following penalties, including interest at the 
rate of twelve per centum (12%) per annum, as prescribed by 
said Section 50 of Article 81 of the Annotated Code of Maryland 
(Chapter , Laws of Maryland, 1982) as follows: 

No. of Days after Date of Bill Penalty including Interest at 
When Payment is Received by the Rate of 12% Per Annum 
Director of Finance 

31 days to 60 days 2% 

61 days to 90 days 4% 

91 days to 120 days 6% 

121 days to 150 days 8% 

151 days to 180 days 10% 

181 days to 210 days 12% 

211 days to 240 days 14% 

241 days and thereafter 16% 

In addition to above, penalty 
of 2% per month, which in- 
cludes interest at the rate of 
12% per annum. 

(2) In all instances of escaped or omitted property, the 
penalties and interest herein provided shall be added to the bills 
for the current year and back years in the same manner as if 
such property had not escaped or been omitted. 



308 ORDINANCES Ord. No. 929 

(c) The penalties and interest provided for shall be added to the 
bill for taxes itself and collected by the Director of Finance in the 
same manner as taxes are collected.] 

12. Penalties and interest imposed. 

(a) All ordinary City taxes which are due and payable on the 
first day of July for any year shall be overdue and in arrears on 
the first day of October of the same calendar year, and from and 
after that date they shall bear interest at the rate ofl percent for 
each month and fraction thereof and penalty at the rate ofl per- 
cent for each month and fraction thereof until paid. 

The aforegoing due dates as stipulated in this paragraph shall 
apply to all taxes based upon assessments reported to the Director 
of Finance provided that the bill therefor is rendered on or before 
August 31 in the taxable year for which such taxes apply. Taxes 
based upon assessments reported to the Director of Finance, bills 
for which are rendered after August 31, in the taxable year for 
which such taxes apply, will be considered delinquent 30 days 
after the date of the bill therefor. Such bills, if not paid within the 
thirty-day period, shall bear interest at the rate of 1 percent for 
each month and fraction thereof, and penalty at the rate ofl per- 
cent for each month and fraction thereof until paid. 

(b) In all instances of escaped or omitted property the penalties 
and interest herein provided shall be added to the bill for the cur- 
rent year and back years in the same manner as if such property 
had not escaped or been omitted. 

(c) The penalties and interest provided for shall be added to the 
bill for taxes itself and collected by the Director of Finance in the 
same manner as taxes are collected. 

13. Three-quarter year taxes; interest and penalties. 

(a) Pursuant to the provisions of Section 50(c) of Article 81, of 
the Annotated Code of Maryland (1980 Replacement Volume, 1982 
Supplement), there is hereby levied a tax on any real property 
completed during the period after July 1 in any year and through 
September 30, or otherwise first added to the assessment rolls 
during such period, for the 9 months beginning on October 1 and 
ending on the next succeeding June 30. Taxes for these 9 months 
shall be computed by using the assessed valuation of the property 
at three-fourths the current annual tax rate, and taxes imposed 
for these 9 months shall be due and payable as of the specified day 



ORDINANCES 309 

of October 1, or as of the day a tax bill therefor was or reasonably 
should have been received or made available whichever is the later 
date. 

(b)All such bills shall be overdue and in arrears on the next suc- 
ceeding January 1, or 80 days after the bill for the taxes has been 
mailed or made available, whichever is the later date, and shall 
bear interest at the rate ofl percent for each month and fraction 
thereof, and penalty at the rate of 1 percent for each month and 
fraction thereof until paid. 

(c) In all instances of escaped or omitted property the penalties 
and interest herein provided shall be added to the bill for the cur- 
rent year and back years in the same manner as if such property 
had not escaped or been omitted. 

(d) The penalties and interest provided for shall be added to the 
bill for taxes itself and collected by the Director of Finance in the 
same manner as taxes are collected. 

(E) THIS SECTION 13 IS RETROACTIVE TO JULY 30, 
1976 TO CORRECT AN UNINTENTIONAL REPEALER 
CONTAINED IN ORDINANCE NO. 141 OF 1976 AND ANY 
AND ALL THREE-QUARTER YEAR TAXES, PENALTIES 
AND INTEREST COLLECTED OR DUE HEREUNDER 
FROM JULY 30, 1976 ARE HEREBY VALIDATED AND 
ORDAINED. 

lJf. One-half year taxes; interest and penalties. 

(a) Taxes levied pursuant to Section 50(b) of Article 81 of the 
Annotated Code of Maryland (1980 Replacement Volume, 1982 
Supplement) on any real property completed during the period 
after October 1 in any year and through January 1 in the next 
succeeding year, shall be computed by using the assessed valua- 
tion of the property at one-half the current annual tax rate, and 
taxes imposed for these 6 months shall be due and payable as of the 
specified day of January 1, or as of the day a tax bill therefor was 
or reasonably should have been received or made available 
whichever is the later date. 

(b) All such bills shall be overdue and in arrears on the next suc- 
ceeding April 1, or 80 days after the bill for the taxes has been 
mailed or made available whichever is the later date, and shall 
bear interest at the rate ofl percent for each month and fraction 
thereof and penalty at the rate of 1 percent for each month and 
fraction thereof until paid. 



310 ORDINANCES Ord. No. 929 

(c) In all instances of escaped or omitted property the penalties 
and interest herein provided shall be added to the bill for the cur- 
rent year and back years in the same manner as if such property 
had not escaped or been omitted. 

(d) The penalties and interest provided for shall be added to the 
bill for taxes itself and collected by the Director of Finance in the 
same manner as taxes are collected. 

15. One-quarter year taxes; interest and penalties. 

(a) Pursuant to the provisions of Section 50(d) of Article 81 of 
the Annotated Code of Maryland (1980 Replacement Volume, 1982 
Supplement), there is hereby levied a tax on any real property 
completed during the period after January 1 in any year and 
through March 30, or otherwise first added to the assessment rolls 
during such period, for the 8 months beginning on April 1 and 
ending on the next succeeding June 80. The taxes for these 3 
months shall be computed by using the assessed valuation of the 
property at one-quarter the current annual tax rate, and taxes 
imposed for these 3 months shall be due and payable as of the 
specified day of April 1 or as of the day a tax bill therefor was or 
reasonably should have been received or made available, 
whichever is the later date. 

(b) All such bills shall be overdue and in arrears on the next suc- 
ceeding July 1, or 30 days after the bill for the taxes has been 
mailed or made available, whichever is the later date, and shall 
bear interest at the rate ofl percent for each month and fraction 
thereof and penalty at the rate of 1 percent for each month and 
fraction thereof until paid. 

(c) In all instances of escaped or omitted property the penalties 
and interest herein provided shall be added to the bill for the cur- 
rent year and back years in the same manner as if such property 
had not escaped or been omitted. 

(d) The penalties and interest provided for shall be added to the 
bill for taxes itself and collected by the Director of Finance in the 
same manner as taxes are collected. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT THE 
PROVISIONS OF THIS ORDINANCE ARE SEVERABLE, 
AND IF ANY PROVISION, SENTENCE, CLAUSE, SEC- 
TION OR PART HEREOF IS HELD ILLEGAL, INVALID OR 
UNCONSTITUTIONAL OR INAPPLICABLE TO ANY PER- 
SON OR CIRCUMSTANCES, SUCH ILLEGALITY, IN- 



ORDINANCES 311 

VALIDITY OR UNCONSTITUTIONALITY, OR INAP- 
PLICABILITY SHALL NOT AFFECT OR IMPAIR ANY OF 
THE REMAINING PROVISIONS, SENTENCES, CLAUSES, 
SECTIONS OR PARTS OF THIS ORDINANCE OR THEIR 
APPLICATION TO OTHER PERSONS OR CIR- 
CUMSTANCES. IT IS HEREBY DECLARED TO BE THE 
LEGISLATIVE INTENT THAT THIS ORDINANCE WOULD 
HAVE BEEN PASSED IF SUCH ILLEGAL, INVALID OR 
UNCONSTITUTIONAL PROVISIONS, SENTENCE, 
CLAUSE, SECTION OR PART HAD NOT BEEN INCLUDED 
HEREIN, AND IF THE PERSON OR CIRCUMSTANCES TO 
WHICH THIS ORDINANCE OR ANY PART HEREOF ARE 
INAPPLICABLE HAD BEEN SPECIFICALLY EXEMPTED 
HEREFROM. 

SEC. 2 3. And be it further ordained, That this ordinance shall 
take effect on July 1, 108 3 FROM THE DATE OF ITS 
PASSAGE. 

Approved April 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 930 
(Council No. 1503) 

AN ORDINANCE concerning 

URBAN RENEWAL -MIDDLE EAST -AMENDMENT 2 TO 
THE RENEWAL PLAN 

FOR the purpose of amending the Urban Renewal Plan for Mid- 
dle East to, among other things, (1) authorize the acquisition 
of certain properties by the Mayor and City Council of 
Baltimore; (2) create certain Disposition Lots for residential, 
community business, and community commercial use; (3) 
revise certain Appendices and Exhibits attached to the Plan to 
reflect the changes provided herein; (4) waive such re- 
quirements, if any, as to content or procedure for the prepara- 
tion, adoption, and approval of renewal plans as set forth in 
Article 13 of the Baltimore City Code (1976 Edition, as amend- 
ed) which the Renewal Plan for Middle East may not meet; (5) 



312 ORDINANCES Ord. No. 930 

provide for the separability of the various parts and applica- 
tions of this ordinance; (6) provide that where the provisions of 
this ordinance shall conflict with any other ordinance, code or 
regulation, in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and (7) 
provide for an effective date hereof. 

WHEREAS, an Urban Renewal Plan for Middle East was ap- 
proved by the Mayor and City Council of Baltimore by Ordinance 
No. 1202, dated November 30, 1979 and last amended by 
Ordinance No. 769, dated September 1, 1982; and 

WHEREAS, pursuant to Article 13 of the Baltimore City Code 
(1976 Edition, as amended), no substantial change or changes 
shall be made in any renewal plan after approval by ordinance, 
without such change or changes first being adopted and ap- 
proved in the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely the preparation of such 
change or changes by the Department of Housing and Communi- 
ty Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adop- 
tion by an ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner set 
forth in said Article 13; and 

WHEREAS, the Department of Housing and Community 
Development has prepared a list of changes to the Renewal Plan 
for Middle East, identified as "Amendment No. 2 to the Urban 
Renewal Plan for Middle East", dated February 3, 1983, AND 
REVISED ON APRIL 11, 1983; and 

WHEREAS, said Amendment No. 2 to the Renewal Plan for 
Middle East has been approved by the Director of the Depart- 
ment of Planning with respect to its conformity as to the Master 
Plan, the detailed location of any public improvements proposed 
in the amended Renewal Plan, its conformity to the rules and 
regulations for subdivisions, and its conformity to existing zon- 
ing classifications; and said Amendment No. 2 to the Renewal 
Plan for Middle East has been approved and recommended to 
the Mayor and City Council of Baltimore by the Commissioner of 
the Department of Housing and Community Development; now, 
therefore, 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following amendment and changes to the 
Urban Renewal Plan for Middle East, having been duly re- 



ORDINANCES 313 

viewed and considered, are hereby approved and the Clerk of the 
City Council is hereby directed to file a copy of said Urban 
Renewal Plan, revised to include Amendment No. 2, with the 
Department of Legislative Reference as a permanent public 
record and to make the same available for public inspection and 
information. 

1. On Appendix A, entitled "Properties for Acquisition and 
Disposition for Rehabilitation", add the properties outlined in 
Section 2. of this Ordinance with the exception of 539/41, 543, 
6 3 2, 6 3 4, and 6 3 6 AND 632 N. Chester Street, 615 and 623 N. 
Duncan Street, 2103, 2105, AND 2107 , and 2117/19 McElderry 
Street, 1900 Orleans Street, 409 N. Wolfe Street, and 420, 422, 
and 424 N. Washington Street. 

2. On the appropriate maps attached to the Renewal Plan, in- 
dicate the following: 

a. the acquisition of the properties outlined in Section 2. of 
this Ordinance (Exhibit 2 -Property Acquisition) 

b. the creation of the following Disposition Lots: Disposi- 
tion Lot 5A for residential use consisting of the property known 
as 409 N. Wolfe Street, Disposition Lot 5B for community 
commercial use consisting of the property known as 1900 
Orleans Street, Disposition Lot 5C for residential use consisting 
of the properties known as 420 through 424 N. Washington 
Street, the following Disposition Lots for community business 
use -Disposition Lot 6 consisting of the properties known as 
539/41 and 543 N. Chester Street and 2103 through 2107 
McElderry Street, and a portion of an adjacent approximately 4 
foot alley, Disposition Lot 7 conoioting of the properties known as 
6 34 and 6 3 6 N. Chester Street, Disposition Lot 8 consisting of the 
property known as 632 N. Chester Street, Disposition Lot 9 con- 
sisting of the property at 615 N. Duncan Street, Disposition Lot 
10 consisting of the property known as 623 N. Duncan Street, and 
Disposition Lot 11 consisting of the property known as 2117/19 
McElderry Street -and scattered Disposition Lots for residential 
rehabilitation consisting of the remaining properties outlined in 
Section 2. of this Ordinance (Exhibit 3 -Land Disposition). 

Sec. 2. And be it further ordained, That it is necessary to ac- 
quire by purchase or by condemnation, for urban renewal pur- 
poses, the fee simple interest or any lesser interest in and to cer- 
tain properties or portions thereof, together with all right, title, 
interest and estate that the owner or owners of said property in- 
terests may have in all streets, alleys, ways or lanes, public or 



314 ORDINANCES Ord. No. 930 

private, both abutting the whole area described and/or contained 
within the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

1706 Ashland Avenue 
1728 Ashland Avenue 
1730 Ashland Avenue 
1732 Ashland Avenue 

1745 Ashland Avenue 

1746 Ashland Avenue 
1802 Ashland Avenue 
1826 Ashland Avenue 
1907 Ashland Avenue 
1914 Ashland Avenue 
2011 Ashland Avenue 
2016 Ashland Avenue 
2206 Ashland Avenue 

906 N. Castle Street 
944 N. Castle Street 
1935 E. Chase Street 

411 N. Chester Street 
539/41 N. Chester Street 
543 N. Chester Street 
632 N. Chester Street 
6 3 1 N. Chcotcr Street 
636 N. Chcotcr Street 

903 N. Collington Avenue 
615 N. Duncan Street 
623 N. Duncan Street 
2103 McElderry Street 
2105 McElderry Street 
2107 McElderry Street 
2117/19 McElderry Street 
1900 Orleans Street 
734 N. Patterson Park Avenue 
. 938 N. Patterson Park Avenue 
942 N. Patterson Park Avenue 

801 Rutland Avenue 
803 Rutland Avenue 
806 Rutland Avenue 

420 N. Washington Street 
422 N. Washington Street 
424 N. Washington Street 



ORDINANCES 315 

900 N. Washington Street 
939 N. Washington Street 
1024 N. Washington Street 
1030 N. Washington Street 
1034 N. Washington Street 

409 N. Wolfe Street 
920 N. Wolfe Street 
922 N. Wolfe Street 
928 N. Wolfe Street 

1007 N. Wolfe Street 

1008 N. Wolfe Street 
1010 N. Wolfe Street 
1022 N. Wolfe Street 
1024 N. Wolfe Street 
1026 N. Wolfe Street 
1028 N. Wolfe Street 
1030 N. Wolfe Street 
1040 N. Wolfe Street 

SEC. 3. And be it further ordained, That the Real Estate Ac- 
quisition Division of the Department of the Comptroller, or such 
person or persons and in such manner as the Board of 
Estimates, in the exercise of the power vested in it by Article V, 
Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire on behalf 
of the Mayor and City Council and for the purposes described in 
this Ordinance, the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, and 
in such manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5 of the Baltimore City 
Charter may hereafter from time to time designate, is or are 
unable to agree with the owner or owners on the purchase price 
for said properties or portions thereof, it or they shall forthwith 
notify the City Solicitor of Baltimore City, who shall thereupon 
institute in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemnation the 
fee simple interest or any lesser interest in and to said proper- 
ties or portions thereof. 

SEC. 4. And be it further ordained, That in whatever respect, if 
any, the amended Renewal Plan approved hereby for the Middle 
East area may not meet the requirements as to the content of a 



316 ORDINANCES Ord. No. 930 

renewal plan or the procedure for the preparation, adoption, and 
approval of renewal plans as provided in Article 13 of the 
Baltimore City Code (1976 Edition, as amended), the said re- 
quirements are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 5. And be it further ordained, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the applica- 
tion thereof to any persons or circumstances is invalid, the re- 
maining provisions and the application of such provisions to 
other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 6. And be it further ordained, That in any case where a 
provision of this ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, plumb- 
ing, health, fire or safety ordinance, or code or regulation, the 
applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are 
found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public 
health and safety shall prevail. In any case where a provision of 
this ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force in the 
City of Baltimore which establishes a lower standard for the pro- 
motion and protection of the public health and safety, the provi- 
sion of this ordinance shall prevail, and the other existing provi- 
sion of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this 
ordinance. 

SEC. 7. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved April 25, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 317 

No. 931 
(Council No. 1564) 

AN ORDINANCE concerning 

ELECTRICAL LICENSING 

FOR the purpose of creating a Baltimore City Electrical Licens- 
ing Board; providing for the powers and duties of the Board; 
establishing licensing procedures and fees; providing penal- 
ties; and AMENDING SUBTITLE 3 OF THE CODE OF 
PUBLIC LOCAL LAWS OF BALTIMORE CITY (1980); 
making the provisions of this Ordinance severable AND 
GENERALLY RELATING TO ELECTRICAL WORK. 

BY adding to 
Article 13 -Housing and Urban Renewal 
To be under the new Subtitle "Board of Electrical Examiners 

and Supervisors" 
Sections 67 through 71, inclusive 
Baltimore City Code (1976 Edition, as amended) 

BY ADDING TO 
THE PUBLIC LOCAL LAWS OF BALTIMORE CITY 
SECTIONS 3-20 AND 3-21 

ARTICLE 4 -PUBLIC LOCAL LAWS OF MARYLAND 
(1979 EDITION, AS AMENDED) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 13 -HOUSING AND URBAN RENEWAL 

Board of Electrical Examiners and Supervisors 

67. Definitions. 

In this subtitle the following words have the meanings in- 
dicated. 

"Master electrician" means any person, firm, and corporation 
engaged in THE business of, or holding themselves out to the 
public as engaged in the business of installing, erecting, or 



318 ORDINANCES Ord. No. 931 

repairing, or contracting to install, erect, or repair electric wires 
or conductors, to be used for the transmission of electric current 
for electric light, heat, or power purposes, or moulding, ducts, 
raceways, or conduits for the reception or protection of such 
wires or conductors, or to any electrical machinery, apparatus, 
devices, or fixtures to be used for electric light, heat, or power 
purposes. 

(b) "Master electrician, restricted" means any person holding a 
license limited to servicing and installing electrical services and 
allied components no larger than 150 amperes- 110/220 volt 
capacity restricted to a single phase operation to be used for elec- 
tric light, heat, or power purposes in dwellings that do not con- 
tain more than 3 dwelling units. 

(c) "Restricted electrician" means any person holding a license, 
or applying for a license, entitling such person or applicant to in- 
stall, maintain, and repair the particular type or types of elec- 
trical equipment specified in the license. 

(d) "Maintenance electrician" means any person, firm or cor- 
poration engaged in the work of maintaining, servicing, and/ or 
repairing any kind of electrically operated or controlled ap- 
paratus device, equipment, applieanee, machinery, etc., only 
APPLIANCE, OR MACHINERY, after the original electrical 
installations have been made by a master electrician licensed by 
the Board herein created BOARD and approved by inspection 
authorities. 

(e) "Board" means the Board of Electrical Examiners and 
Supervisors of Baltimore City. 

68. Board, 
(a) Composition - 

(1) The board shall be composed of six members AND 
SHALL BE A PART OF THE DEPARTMENT OF HOUSING 
AND COMMUNITY DEVELOPMENT. 

(2) Of the six board members one shall be the Commissioner 
of Housing and Community Development or his representative, 
ex officio, three shall be praotioal PRACTICING MASTER elec- 
tricians licensed in the City of Baltimore, one of whom shall be a 
member of the International Brotherhood of Electrical Workers 
of Maryland LOCAL UNION NO. 2k, and two members shall be 
from the general public. THE COMMISSIONER OR HIS 
REPRESENTATIVE SHALL NOT HA VE A VOTE. ALL AP- 



ORDINANCES 319 

POINTMENTS TO THE BOARD SHALL BE MADE 
WITHOUT REGARD TO POLITICAL AFFILIATION. 

(b) Appointment -Members of the board shall be appointed by 
the Mayor under the provisions of Article TV, Section 6 of the 
Baltimore City Charter. 

(c) Residency requirement - Each member shall be a resident of 
Baltimore City during his entire term. 

(d) Tenure; vacancy. 

(1) The term of the office of the members shall be aofollowe 
FOUR YEARS AFTER THE EXPIRATION OF THE 
FOLLOWING INITIAL TERMS: 

one praotioal PRACTICING MASTER electrician for a 
term of four years; one praotioa l PRACTICING MASTER elec- 
trician for a term of three years; one praotioal PRACTICING 
MASTER electrician for a term of two years; one member of the 
general public for a term of four years and one member of the 
general public for a term of one year. 

(2) Should any vacancy occur from any cause during the 
term of the board ao heroin providod ANY MEMBER, the Mayor 
shall appoint someone A PERSON from the categories above pro- 
vided, to fill such vacancy. 

(3) In no event shall any member of the board be appointed 
for more than two consecutive FULL terms. 

(e) Removal. The Mayor ohall have HAS the power to remove 
any member of the board under the provisions of Article IV, Sec- 
tion 6 of the Baltimore City Charter. 

(J) Officers. 

(1) The Mayor shall appoint one member of the board to act 
as chairman CHAIRPERSON TO SERVE AS CHAIRPERSON 
AT THE PLEASURE OF THE MA YOR. 

(2) The members of the board okall have the power to MAY 
elect other officers and to adopt such rules and bylaws for the 
transaction of business of the board as they may deem expedient. 

(g) Compensation. Each member of the Board BOARD shall 
receive compensation as determined by PROVIDED IN the Or- 
dinance of Estimates. 



320 ORDINANCES Ord. No. 931 

(h) Meetings; duties. 

(1) The board shall meet at least twice a month and shall 
hold special meetings as frequently as the proper and efficient 
discharge of its business shall require. 

(2) The board shall adopt such rules and regulations for the 
examination of master or maintenance electricians as herein 
'defined, and for the maintaining or servicing or the placing, in- 
stalling and operating electrical wires, appliances, apparatus or 
construction in, upon and about buildings in the City of 
Baltimore. 

(S) The ruleo of the board ohall provide for the giving of 
timely notice of meetings to all thooe who have made application 
for a license ao herein provided. 

(3) THE BOARD SHALL GIVE TIMELY NOTICE 
OF MEETINGS. 

(4) The board shall give in writing to the chief of the 
municipal electrical inspectors of Baltimore City a detailed state- 
ment of all the licenses issued, renewed or revoked at any meeting 
of the board. 

(5) The board may adopt &uoh rules and regulations to 
carry out the provisions of this subtitle. 

69. Licensing. 

(a) License Required. Before any person, firm, or corporation 
shall hereafter engage or continue to engage in the work or 
business of a master or maintenance electrician in Baltimore 
City, as defined in this subtitle, such person, firm or corporation 
shall apply to the board for a license, and the board shall provide 
the applicant with the prescribed forms. 

(b) Application for license. 

(1) Qualifications of applicants. 

(i) Applicants must be at least twenty-one (21) years 
old. 

(ii) The applicant, or in the case of a firm or corpora 
tion, the one managing the electrical work thereof ohall have had 
at least 8 yearo actual c^erienee as a mooter electrician or two 
yearo ao a maintenance or ocrvice electrician or as a journeyman 
electrician in &uch claoo or claooco of electrical buoincoo or work 



ORDINANCES 321 

as in the opinion of the board, okali have properly fitted the 
applicant for a license as a mooter or maintenance electrician. 

(II) AN APPLICANT FOR EXAMINATION FOR A 
MASTER ELECTRICIAN LICENSE SHALL HAVE BEEN 
REGULARLY AND PRINCIPALLY EMPLOYED OR 
ENGAGED IN ELECTRICAL CONSTRUCTION, MAINTE- 
NANCE, INSTALLATION AND REPAIR OF ALL TYPES OF 
ELECTRICAL EQUIPMENT AND APPARATUS, ALL COM- 
ING WITHIN THE PURVIEW OF AND SUBJECT TO ALL 
PROVISIONS OF THIS SUBTITLE, FOR A PERIOD OF NOT 
LESS THAN 7 YEARS PRECEEDING THE DATE OF HIS 
APPLICATION, UNDER THE DIRECTION AND SUPERVI- 
SION OF A MASTER ELECTRICIAN, 3 YEARS OF WHICH 
HE SUPERVISED OR WAS ACTIVELY IN CHARGE OF 
THE ELECTRICAL INSTALLATION WORK. THE BOARD 
MA Y CREDIT THE MAXIMUM OF 3 YEARS FOR FORMAL 
COURSE STUDY OR PROFESSIONAL TRAINING IN ELEC- 
TRICAL INSTALLATION WHICH, IN THE OPINION OF 
THE BOARD, PROVIDED COMPARABLE EXPERIENCE IN 
TRAINING OTHERWISE ATTAINABLE UNDER THE 
SUPERVISION OF A MASTER ELECTRICIAN OR WHILE 
EMPLOYED BY A GOVERNMENT AGENCY. 

(2) The application shall be filed with the board at least 
thirty days prior to the examination moiiths. 

(3) A false, erroneous, or misleading statement made in an 
application is cause for rejection of the application or revocation 
of a license issued to the applicant. 

(4) Appeal. Any person whose application for license shall 
have been rejected by the board shall have the right to appeal to a 
board of arbitration, which shall consist of one person selected by 
the person making the appeal, one person selected by the board 
herein created, and these two to select a third person, and the 
decision of said board of arbitration or a majority of them shall 
be final and binding upon all parties to said appeal. A 
REASONABLE FEE TOWARD COVERING THE COST OF 
ARBITRA TION SHALL BE PAID BY THE APPELANT BUT 
SHALL BE REFUNDED IF THE APPELLANT PREVAILS. 

(c) Examinations. 



322 ORDINANCES Ord. No. 931 

(1) Fee. The applicant shall pay an THE PRESCRIBED 
examination fee of thirty five dollars ( $ 35) and ohall present 
himself AND SHALL APPEAR before the board at THE time 
and place fixed by the board. Any applicant who fails to appear 
for a scheduled examination is subject to filing a new application 
and the payment of the fee. 

(2) Examinations for master, master restricted, or 
maintenance electricians shall be held on or about the second 
Saturday of April and October. 

(3) The examination will consist of written questions in 
practical electricity and the Baltimore City and National Elec- 
tric Codes. 

(4) A grade of 70% is required for passing. 

(5) An applicant who fails to pass one (first) AN INITIAL 
examination is eligible for any succeeding examination. An ap- 
plicant who fails to pass two or more examinations is NOT eligi- 
ble for another examination WITHIN twelve months from the 
date of the last fitUure FAILED EXAMINATION. Separate ap- 
plications and examination fees are required for each examina- 
tion. 

(d) Maintenance electricians. 

(1) Any person, firm or corporation who does not hold a 
master electrician license and rendering a service to the public to 
maintain, service andJor repair any kind of electrically operated 
or controlled equipment, etc. must have at least one representa- 
tive licensed as a maintenance electrician who is responsible to 
tftw-THE board for all employees under his supervision. 

(2) Any person, firm or corporation doing its own 
maintenance, service and/or repairs, on its own premises, must 
have at least one representative so licensed who is responsible to 
tkie-THE board for all employees working under his or their 
supervision. 

Premises requiring a licensed representative unless they hold a 
master electrician license are: factories, industrial plants, 
department stores, theatres, public halls, office buildings, apart- 
ment houses, schools, arenas, and any other occupancy (other 
than private dwelling houses, doing their own maintenance serv- 



ORDINANCES 323 

ice, and/or repairs), doing its own maintenance, service and/or 
repairs. 

Each license so issued shall designate which kinds of apparatus 
or equipment the licensed representative is qualified to maintain, 
service andJor repair. 

(#)-(E) This section shall not apply to any person, firm or 
corporation engaged in the repair and maintenance of electrical 
appliances and elect rical home utilities insofar as making minor 
adjustments and repairs necessary in connection with the in- 
stallation and repair of electrical appliances and utilities. 

70. Licenses. 

(a) The first master, master restricted, or maintenance electri- 
cians license will be issued to a successful applicant upon pay- 
ment of the proper license fee and receipt of a signed LICENSE 
application form. 

(b) Expiration date. All licensed expire on the first day of 
January in each year. 

(e)-(B) Renewals. 

(1) Renewals may be obtained by an application to the board 
and payment of the renewal fee during a period of three months 
preceding the expiration of the license. 

(8) Any licence iooucd to a peroon, firm, or corporation 
which has not been renewed within 16 months from the expiration 
date will be void and the applicant oubject to examination and the 
payment of a new license fee. 

(&h(2) All persons registered as electricians in Baltimore 
City at the time of the passage of this ordinance may be iomted a 
master, master restricted, or maintenance clectricarid license 
without examination, upon payment of half of the required 
renewal fee. Such licensed will expire on January 1 and can be 
renewed every year thereafter upon payment of the full renewal 
fee, ON APRIL 30, 1983, AND ON JUNE 30, 1983, ARE 
AUTOMATICALLY LICENSED UNDER THIS SUBTITLE 
FOR THE PERIOD MAY 1, 1983, OR JULY 1, 1983, 
THROUGH DECEMBER 31, 1983, WITHOUT PAYMENT OF 
A FEE, AND ARE SUBJECT TO ALL ITS APPLICABLE 
PROVISIONS. 



324 ORDINANCES Ord. No. 931 

(C) INACTIVE LICENSE. A LICENSEE WHO HOLDS A 
VALID ELECTRICAL LICENSE FROM THE BOARD MAY 
BE CLASSIFIED AS INACTIVE STATUS, DURING WHICH 
TIME HE SHALL NOT INSTALL, MAINTAIN, SERVICE, 
OR REPAIR ELECTRICAL WIRES, CONDUCTORS, OR AP- 
PARATUS FOR HEAT, LIGHT, OR POWER PURPOSES. 
THE LICENSEE MA Y RETAIN HIS LICENSE ON AN INAC- 
TIVE BASIS UPON PA YMENT OF AN ANNUAL RENEWAL 
FEE. A BOND MUST BE SECURED IN ORDER FOR THE 
LICENSEE TO RETURN TO ACTIVE STATUS. 

(D) ALL LICENSES EXPIRE AS OF JANUARY 1 OF EACH 
YEAR, AND ARE SUBJECT TO A RENEWAL FEE. 

(4) (E) Fees. The following changee CHARGES shall be made: 

(1) Examination $35 

(2) New Master and Master Restricted License $75 

(&) New Maintenance Licence $60 

(4) Renewal of Master and Mooter Rcotricted License . .$60 
(6) Renewal of Maintenance License $80 

(3) NEW RESTRICTED LICENSE $50 

(4) NEW MAINTENANCE LICENSE $50 

(5) RENEWAL OF MASTER AND MASTER 

RESTRICTED LICENSE $50 

(6) RENEWAL OF RESTRICTED LICENSE . $50 

(7) RENEWAL OF MAINTENANCE LICENSE $30 

fe)- (F) Revocation, suspension. Setid THE board shall have 
full power to suspend for not more than ninety days or revoke for 
proper cause any license or renewal of the same after a full hear- 
ing of all parties in interest. 

(fi- (G) Display. Any and all persons granted a license or 
renewal of same shall display the same in a conspicuous place in 
the office or place of business of such licensee. 

(§}-(H) Licenses not assignable. No license or renewal of same 
granted or issued under the provisions of this subtitle shall be 
assignable or transferable, and every license and renewal of same 
shall specify the name of the person, firm or corporation to whom 
it is issued, and in the case of a corporation, the principal officer 
or the designated representatives of said corporation, through 
whom the application for the said license was made. 



ORDINANCES 325 

(h) Surety bond. Each Ucenoc and - renewal of Game okall be in 
force and effect o - nly oo long ao an approved bond filed with the 
&aid board in ae - eordanec with the provisions - ofthio subtitle okall 
remain in full force and effect, and every o - uch license or renewal 
ofoame ohall become utterly void and of no effect, ohould any ouch 
bond for any rcaoo - n whatooevor become inoperative or ineffective, 
regardleoo of the regular date of expiration of oaid certificate, 
hoonee or renewal. 

(I) EVERY PERSON, FIRM OR CORPORATION BEFORE 
RECEIVING A MASTER ELECTRICIAN'S LICENSE SHALL 
MAKE, EXECUTE AND DELIVER TO SAID BOARD A 
GOOD AND SUFFICIENT BOND TO BE APPROVED BY 
SAID BOARD, IN THE NAME OF THE CITY OF 
BALTIMORE, IN THE SUM OF $2,500.00, THE BOND TO BE 
CONDITIONED UPON THE FAITHFUL PERFORMANCE 
OF ANY AND ALL WORK ENTERED UPON OR CON- 
TRACTED FOR BY SAID MASTER ELECTRICIAN, AND TO 
SA VE HARMLESS THE OWNER, OR REAL PARTY IN IN- 
TEREST IN THE PROPERTY FOR WHICH ANY SUCH 
MATERIAL IS FURNISHED, OR SERVICES PERFORMED 
AGAINST LOSS, DAMAGE AND INJURY WHICH SHALL 
ARISE THROUGH WANT OF SKILL, OR THROUGH THE 
FAILURE TO USE SUITABLE OR PROPER MATERIAL IN 
THE PERFORMANCE OF ANY WORK CONTRACTED FOR 
OR UNDERTAKEN BY SAID MASTER ELECTRICIAN, OR 
HIS OR ITS AGENTS OR EMPLOYEES, AND AN ACTION 
MAY BE MAINTAINED THEREON IN THE NAME OF 
SUCH OWNER OR REAL PARTY IN INTEREST ONLY, IF 
COMMENCED WITHIN 1 YEAR FROM AND AFTER THE 
DATE OF THE INSTALLATION OF THE MATERIALS 
FURNISHED OR PERFORMANCE OF SUCH WORK OR 
SERVICE. 

THOSE LICENSEES WHO ARE AUTOMATICALLY 
"GRANDFATHERED" INTO CITY LICENSING FROM 
STATE LICENSING HAVE 10 DAYS FROM THE DATE 
THEREOF (MAY 1, 1983 OR JULY 1, 1983) WITHIN WHICH 
TO FILE THE REQUIRED BOND, AND THEIR CITY 
LICENSE IS VALID DURING THIS PERIOD. 

71. Miscellaneous. 

(a) Application of law. Nothing in this subtitle shall be con- 
strued to prevent any person from doing or performing the kinds 
of work of master, master restricted, or maintenance electrician, 



326 ORDINANCES Ord. No. 931 

as herein defined, provided that such work is performed under 
the direction and supervisions of a duly licensed master or 
maintenance electrician; but no such work shall be performed ex- 
cepting under such direction and supervision of a duly licensed 
master or maintenance electrician, and the said licensed electri- 
cian shall be responsible for any and all work so done under his 
direction and supervision. 

(b) Penalty provisions. Any person, firm or corporation who 
shall practice or engage or continue in the work of a master or 
maintenance electrician without having complied with all the 
provisions of this subtitle, and any person not licensed as master 
or maintenance electrician, who shall do or perform any such 
work except under the direction of a master or maintenance elec- 
trician, and any person having been licensed as a master or 
maintenance electrician and who shall fail to renew his license as 
herein provided, and shall do or perform any such work, or who 
shall violate any of the provisions of this subtitle, shall be guilty of 
a misdemeanor, and upon conviction thereof shall be sentenced to 
pay a fine of not less than twenty five dollaro ((96.00) $25.00 nor 
more than five hundred dollaro ((600.00) $500.00 or to an im- 
prisonment not exceeding ninety days, or both, in the discretion 
of the Court, and any such conviction shall ipso facto revoke and 
annul any license that may have been issued to such person. 

(c) Exceptions under law. The provisions of this subtitle shall 
not apply to journeymen electricians or apprentices while such 
journeymen or apprentices ehall be ARE practicing their trade 
of journeymen electrician or apprentice nor, to any eleetrie light 
company, telograph or telephone company doing each work in ita 
own buildingo, upon ito own planto PUBLIC SERVICE COM- 
PANIES SUBJECT TO REGULATION BY THE PUBLIC 
SERVICE COMMISSION 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT SEC- 
TIONS) OF THE CODE OF PUBLIC LOCAL LAWS OF 
MARYLAND (1980 EDITION, AS AMENDED) BE ADDED, 
REPEALED, OR AMENDED, TO READ AS FOLLOWS: 

THE PUBLIC LOCAL LAWS OF BALTIMORE CITY 

3. ELECTRICAL APPARATUS AND WIRING 
3-20. 

IF ANY PART OF THIS SUBTITLE IS INCONSISTENT 
WITH ANY PROVISION OF ANY BALTIMORE CITY OR- 



ORDINANCES 327 

DINANCE (WHENEVER ENACTED) COVERING THE 
SUBJECT MATTER OF LICENSING AND REGULATING 
ELECTRICAL WORK, THE ORDINANCE PROVISION CON- 
TROLS AND THE INCONSISTENT PART OF THIS SUB- 
TITLE IS REPEALED TO THE EXTENT OF THE INCON- 
SISTENCY. 

3-21. 

ALL OFFICIAL RECORDS OF THE BOARD OF ELEC- 
TRICAL EXAMINERS AND SUPER VISORS OF THE STA TE 
OF MARYLAND KEPT IN THE ORDINARY COURSE OF 
BUSINESS SHALL BE TURNED OVER TO ANY SUC- 
CESSOR BOARD CREATED BY ORDINANCE OF THE 
MA YOR AND CITY COUNCIL OF BALTIMORE AND SUCH 
SUCCESSOR BOARD MA Y MAKE APPROPRIA TE DISPOSI- 
TION OF ANY MATTER PENDING BEFORE THE STATE 
BOARD AT THE CLOSE OF BUSINESS ON JUNE 30, 1983. 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT IF ANY 
PROVISION OF THIS ORDINANCE OR THE APPLICATION 
THEREOF TO ANY PERSON OR CIRCUMSTANCE IS 
HELD INVALID FOR ANY REASON IN A COURT OF COM- 
PETENT JURISDICTION, THE INVALIDITY DOES NOT 
AFFECT OTHER PROVISIONS OR ANY OTHER APPLICA- 
TION OF THIS ORDINANCE WHICH CAN BE GIVEN 
EFFECT WITHOUT THE INVALID PROVISION OR AP- 
PLICATION, AND FOR THIS PURPOSE THE PROVISIONS 
OF THIS ORDINANCE ARE DECLARED SEVERABLE. 

SEC. 2 4. And be it further ordained, That this Ordinance shall 
take effect May-4 APRIL 30, 1983. 

Approved April 29, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



328 ORDINANCES Ord. No. 932 

No. 932 
(Council No. 1555) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(FARM FRESH SUPERMARKETS OF HAMILTON, INC. 

PROJECT) 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal 
amount not to exceed $800,000, pursuant to the provisions of 
Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclusive pur- 
pose of financing the costs of the completion by Farm Fresh 
Supermarkets of Hamilton, Inc. a Maryland corporation, of a 
certain project in Baltimore City consisting of the acquisition 
of the leasehold interest in certain real property located at 
2905-2913 Hamilton Avenue, in Baltimore City, the renova- 
tion of certain improvements thereon, and the purchase and 
installation of certain machinery and equipment therein, for 
use as a retail supermarket; making certain legislative find- 
ings, among others, that the completion of such project and 
the financing of the costs of such completion as provided in 
this Ordinance will serve to promote the general purposes con- 
templated by the City Charter by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic 
development in Baltimore City; and (c) encouraging the 
increase of industry and a balanced economy in Baltimore 
City; authorizing the Board of Finance of the City to prescribe 
certain details of such bonds and to do any and all things 
necessary, proper or expedient in connection with the issuance 
and sale of such bonds; authorizing the issuance of notes in an- 
ticipation of the issuance of such bonds; and generally pro- 
viding for and determining various matters and details in con- 
nection with the issuance and sale of such bonds and bond 
anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 



ORDINANCES 329 

Mayor and City Council of Baltimore (the "City") to borrow 
money to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations (including 
refunding bonds, notes or other obligations), all of which shall be 
fully negotiable, payable, as to both principal and interest, solely 
from and secured solely by a pledge of (I) the revenues from or 
arising in connection with the property, facilities, developments 
and improvements whose financing is undertaken by the is- 
suance of such bonds, notes or other obligations, (II) the 
revenues from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, (III) the 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obliga- 
tions, or (IV) any combination of (I), (II) or (III). The purposes, 
objects and powers of the City contemplated by the Enabling 
Law include the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated March 18, 1983 
(the "Letter of Intent") from Farm Fresh Supermarkets of 
Hamilton, Inc., a Maryland corporation (the "Borrower"), pur- 
suant to which the Borrower has requested the City to par- 
ticipate in the financing of the costs of the completion by the 
Borrower of a certain project in Baltimore City, Maryland (the 
"Project"), by issuing and selling the City's industrial develop- 
ment revenue bonds in the aggregate principal amount not to 
exceed $800,000 (the "Bonds"), and by making the proceeds of 
the Bonds available to the Borrower to be used by the Borrower 
for the sole and exclusive purpose of financing the costs of the 
completion of the Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish 
the purposes, objects and powers of the City as mentioned in the 
Enabling Law, will consist generally of (a) the acquisition of the 
leasehold interest in certain real property located at 2905-2913 
Hamilton Avenue in Baltimore City, (b) the renovation of certain 
improvements thereon, and (c) the acquisition and installation in 
such building of any or all machinery and equipment as may be 
necessary or useful in connection with the operation thereof. 
Upon completion, the Project will be owned by the Borrower and 
used by the Borrower as a retail supermarket. 



330 ORDINANCES Ord. No. 932 

The Enabling Law provides that the City may authorize and 
empower the Board of Finance of the City (the "Board") by 
resolution to determine and set forth the form, terms, provi- 
sions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of the Bonds and the is- 
suance and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law in order to make the proceeds thereof 
available to the Borrower for the sole and exclusive purpose of 
financing the costs of completion of the Project will facilitate 
and expedite the completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the 
financing of the costs of such completion as provided in this 
Ordinance will serve to promote the general purposes con- 
templated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic develop- 
ment in Baltimore City; and (c) encouraging the increase of in- 
dustry and a balanced economy in Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of 
the City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obliga- 
tions of the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of 

(I) the revenues from or arising in connection with the Project, 

(II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of (I), 



ORDINANCES 331 

(II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 

SEC. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal amount 
not to exceed $800,000, subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be made available to 
the Borrower under terms and conditions approved by the 
Board and set forth in a Resolution, and used by the Borrower 
for the sole and exclusive purpose of financing the costs of the 
completion of the Project. 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the present intent of the City to issue the Bonds, and the 
Mayor of the City is hereby authorized to accept the Letter of In- 
tent on behalf of the City in order to further evidence the pres- 
ent intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board is hereby authorized and empowered, 
by a resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 



332 ORDINANCES Ord. No. 932 

delivered by the City (other than customary financing state- 
ments and closing certificates), under which the proceeds of the 
Bonds will be made available to the Borrower to finance the 
costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 5. And be it further ordained, That any and all of the 
Bonds shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the taxing power 
of the City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, notes or 
other obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 

SEC. 6. And be it further ordained, That the Borrower shall 
agree that: 

(a) it will submit any plans and specifications for the Project to 
the Department of Housing and Community Development for 
approval, and that the Department of Housing and Community 
Development may refuse approval of any plans and specifica- 
tions for aesthetic or functional reasons; and 

* (b) it and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality site, building, and 
landscape design. 

SEC. 7. And be it further ordained, That any and all of the 
Bonds shall be executed in the name of the City and on its behalf 



ORDINANCES 333 

by the Mayor of the City, by his manual or facsimile signature, 
and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal, by his manual 
signature. Any trust agreement or other documents as the 
Board shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the City 
and on its behalf by the Mayor of the City by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of 
whose signature shall appear on the Bonds or any of the 
aforesaid documents shall cease to be such officer before the 
delivery of the Bonds or any of the other aforesaid documents, 
such signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Direc- 
tor of Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents and 
certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof. 

SEC. 8. And be it further ordained, That any and all necessary 
financing statements required for the consummation of the 
transactions authorized by this Ordinance may be executed on 
behalf of the City by the Mayor of the City or by the Chief, 
Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor 
of the City to execute such financing statements. 

SEC. 9. And be it further ordained, That the authority to issue 
the Bonds is intended and shall be deemed to include the authori- 
ty to issue bond anticipation notes pursuant to Section 12 of 
Article 31 of the Annotated Code of Maryland (1976 Replace- 
ment Volume and 1982 Cumulative Supplement), as amended 
(the "Bond Anticipation Note Enabling Legislation"). Reference 
in this Ordinance to the "Bonds" shall include such bond anticipa- 
tion notes where appropriate. Prior to the issuance, sale and 
delivery of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to: 



334 ORDINANCES Ord. No. 932 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of such bond 
anticipation notes and the issuance and sale thereof; . 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of such bond anticipation 
notes; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing state- 
ments and closing certificates), under which the proceeds of 
such bond anticipation notes will be made available to the Bor- 
rower to finance the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of such bond an- 
ticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond anticipa- 
tion notes issued pursuant to this Section of this Ordinance and 
the interest thereon from the proceeds of the Bonds in anticipa- 
tion of the sale of which such notes are issued, and the City 
hereby further covenants to issue such Bonds, as the case may 
be, when, and as soon as, the reason for deferring the issuance 
of the Bonds no longer exists. The timely issuance of such 
Bonds, however, is dependent upon matters not within the con- 
trol of the City, including (without limitation) the existence of a 
purchaser or purchasers for such Bonds at the time the reason 
for deferring the issuance of the Bonds no longer exists and the 
effectiveness of various actions taken by the Borrower, its of- 
ficers, agents and employees. 

SEC. 10. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 



ORDINANCES 335 

section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not af- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or their application 
to other persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted 
herefrom. 

SEC. 11. And be it further ordained, That either the Bonds or 
bond anticipation notes issued pursuant to Section 9 of this 
Ordinance in anticipation of the issuance of the Bonds must be 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City; provided, 
however, that the Board, after a showing of good cause at a 
public hearing held before the Board prior to or after the expira- 
tion of such six month period, may extend the period during 
which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months 
from the date on which the first six month period expired. The 
Board, in its sole discretion, and without action by the City 
Council, shall determine the sufficiency, or lack thereof, of the 
reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. To the ex- 
tent that neither the Bonds nor such bond anticipation notes are 
issued and sold within twelve months from the date on which 
this Ordinance is approved by the Mayor of the City, the authori- 
ty provided in this Ordinance for the City to issue and sell the 
Bonds and such bond anticipation notes shall expire. 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved May 3, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



336 ORDINANCES Ord. No. 933 

No. 933 
(Council No. 446) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL 
USE PARKING LOT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on- the prop e rty locat e d m the rear of the 
©44 s44e of the 4700 block of Wronwood Av e nue as out- 
lin e d m red e» the plats accompanying this ordinanc e . 
PARKING AREA IN A R46 R-6 ZONING DISTRICT ON 
THE FOLLOWING PROPERTY IN THE GOVANS 
NEIGHBORHOOD HOUSING SERVICES AREA: 
ES 15' ALLEY FIRST E WRENWOOD AVENUE, 
REAR OF 4717-4749 WRENWOOD AVENUE 
(BLOCK 5216, LOT 108), AS OUTLINED IN RED 
ON THE AMENDED PLAT ACCOMPANYING 
THIS ORDINANCE. 

BY authority of 
Article 30 — Zoning 
Sections 4.6-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking ar e a en- the property locate d i» the rear of 
the odd s44e of the 1700 block of Wrenwood Av e nue - as 
outlin e d m re4 o» the plat s accompanying this ordinanc e , 
STREET PARKING AREA IN A R-6 ZONING DIS- 
TRICT ON THE FOLLOWING PROPERTY IN THE 
GOVANS NEIGHBORHOOD HOUSING SERVICES 
AREA: 

. ES 15' ALLEY FIRST E WRENWOOD AVENUE, 
REAR OF 4717-4749 WRENWOOD AVENUE (BLOCK 
5216, LOT 18), AS OUTLINED IN RED ON THE 
AMENDED PLAT ACCOMPANYING THIS OR- 
DINANCE, 
under the provisions of Sections 4.6-ld and 11.0-6d of Ar- 
ticle 30 of the Baltimore City Code (1976 Edition, as 
amended) title Zoning. 



ORDINANCES 337 

Sec. 2. And be it farther ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the AMENDED plat which is a part hereof 
and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the AMENDED plat and when 
the Mayor approves the ordinance, he shall sign the 
AMENDED plat. The Director of Finance shall then 
transmit a copy of the ordinance and one of the 
AMENDED plats to the following: the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community 
Development and the Zoning Administrator. 

Sec. 3. And be it farther ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 3, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 934 
(Council No. 1370) 

AN ORDINANCE concerning 

REZONING-CARROLLTON CIRCLE AREA 

FOR the purpose of changing the zoning from the M-2-2 Zoning 
District to the R-8 Zoning District as outlined in red on the 
AMENDED plats accompanying this ordinance: 

518-534 SOUTH ADDISON STREET 

536 SOUTH ADDISON STREET 

538 SOUTH ADDISON STREET 

540 SOUTH ADDISON STREET 

BLOCK 711, LOT 62/65 

Block 709, lot 25 

400-418 South Calhoun Street 

403 South Calhoun Street 

405 SOUTH CALHOUN STREET 

407 SOUTH CALHOUN STREET 



338 ORDINANCES Ord. No. 934 

1501-1557 Cole Street 

1601-1617 Cole Street 

1701-1737 Cole Street 

1 8 00 1 8 50 Eagle Street 1800-1812 EAGLE STREET 

1826-1850 EAGLE STREET 

1801-1841 Eagle Street 

501-547 South Fulton Avenue 

600-628 South Fulton Avenue 

500 SOUTH GILMOR STREET 

502 SOUTH GILMOR STREET 

504 SOUTH GILMOR STREET 

506 SOUTH GILMOR STREET 

508 SOUTH GILMOR STREET 

510 SOUTH GILMOR STREET 

512 SOUTH GILMOR STREET 

514 SOUTH GILMOR STREET 

516 SOUTH GILMOR STREET 

527-549 South Monroe Street 

600-638 South Monroe Street 

601-609 South Monroe Street 

401-413 South Norris Street 

1900-02 Ohio Avenue 

600-650 South Payson Street 

Block 719-A, lot 27 

601-613 South Payson Street 

601-649 647 South Pulaski Street 

1325-1353 1351 Ramsay Street 

1401-1411 Ramsay Street 

401-435 SOUTH STRICKER STREET 

437-449 South Strieker Street 

505-511 South Vincent Street 

351-355 Woodyear Street 

BY amending Zoning District Maps 
Sheets No. 54 and 64 
Article 30 -Zoning 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheets No. 54 and 64 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 Edition, as 
amended) title "Zoning" be and it is hereby amended by changing 
from the M-2-2 Zoning District to the R-8 Zoning District as 
outlined in red on the AMENDED plats accompanying this 
ordinance: 



ORDINANCES 339 

518-534 SOUTH ADDISON STREET 

536 SOUTH ADDISON STREET 

538 SOUTH ADDISON STREET 

540 SOUTH ADDISON STREET 

BLOCK 711, LOT 62/65 

Block 709, lot 25 

400-418 South Calhoun Street 

403 South Calhoun Street 

405 SOUTH CALHOUN STREET 

407 SOUTH CALHOUN STREET 

1501-1557 Cole Street 

1601-1617 Cole Street 

1701-1737 Cole Street 

1800 1 8 50 Eagle Street 1800-1812 EAGLE STREET 

1826-1850 EAGLE STREET 

1801-1841 Eagle Street 

501-547 South Fulton Avenue 

600-628 South Fulton Avenue 

500 SOUTH GILMOR STREET 

502 SOUTH GILMOR STREET 

504 SOUTH GILMOR STREET 

506 SOUTH GILMOR STREET 

508 SOUTH GILMOR STREET 

510 SOUTH GILMOR STREET 

512 SOUTH GILMOR STREET 

514 SOUTH GILMOR STREET 

516 SOUTH GILMOR STREET 

527-549 South Monroe Street 

600-638 South Monroe Street 

601-609 South Monroe Street 

401-413 South Norris Street 

1900-02 Ohio Avenue 

600-650 South Payson Street 

Block 719-A, lot 27 

601-613 South Payson Street 

601-649 647 South Pulaski Street 

1325-1353 1351 Ramsay Street 

1401-1411 Ramsay Street 

401-435 SOUTH STRICKER STREET 

437-449 South Strieker Street 

505-511 South Vincent Street 

351-355 Woodyear Street 

Sec. 2. And it be further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of 



340 ORDINANCES Ord. No. 935 

the plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Direc- 
tor of Finance shall then transmit a copy of the ordinance and 
one of the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, and 
the Zoning Administrator. 

SEC. 3. And be it further ordained, That this ordinance shall 
take effect thirty days from the date of its passage. 

Approved May 3, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 935 
(Council No. 1391) 
AN ORDINANCE concerning 

PEEP SHOW DEVICES -DEFINITION 

FOR the purpose of substituting the complete definition of 
"theatre" in place of the reference to Chapter 20 of Article 32. 

BY amending 
Article 30 -Zoning 
Chapter 13 -Rules and Definitions 
Section 65A 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended to read as 
follows: 

ARTICLE 30 -ZONING 

Chapter 13 -Rules and Definitions 

65A. Peep show device: Any device operated for commercial 
purposes wherein motion picture or slide films are projected or 



ORDINANCES 341 

viewed upon a screen or through a viewer, or in which viewed 
images are exhibited by means of the projection of internal elec- 
tronic reflection of motion picture film or slides, but nothing 
herein is intended to apply to a building or part of a building 
generally used or designed to be used for the giving of operatic or 
dramatic performances or cinema productions or both, 
["theatres" as defined in Chapter 20 of Article 32 of the 
Baltimore City Code,] nor to the viewing of television which 
reflects externally transmitted images. 

SEC. 2. And be it further ordained, That the provisions of this 
ordinance shall take effect thirty (30) days from the date of its 
passage. 

Approved May 3, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 936 
(Council No. 1473) 

AN ORDINANCE concerning 

ZONING- APPROVAL FOR CONDITIONAL USE 
PARKING LOT- 5615 THE ALAMEDA 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of an open off-street parking area 
on the property known as 5615 The Alameda as outlined in red 
on the plats accompanying this ordinance. 

Article 30 -Zoning 

Sections 4.5 Id and 11.0 6d 

Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is hereby granted for the establish- 
ment, maintenance and operation of an open off-street parking 
area on the property known as 5615 The Alameda as outlined in 
red on the plats accompanying this ordinance, under the provi- 
sions of Sections 4.5-ld and 11.0-6d of Article 30 of the 
Baltimore City Code (1976 Edition, as amended) title "Zoning". 



342 ORDINANCES Ord. No. 937 

SEC. 2, And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of 
the plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Direc- 
tor of Finance shall then transmit a copy of the ordinance and 
one of the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development and 
the Zoning Administrator. 

SEC. 3. And be it further ordained, That this ordinance shall 
take effect thirty days from the date of its passage. 

Approved May 3, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 937 
(Council No. 1466) 
AN ORDINANCE concerning 

AMENDMENTS TO ORDINANCE NO. 633 

FOR the purpose of making certain technical and clerical 
changes in Ordinance 633, entitled "Issuance of Consolidated 
Bond Anticipation Notes", and approved by the Mayor on May 
7, 1982, so that said Ordinance reflects each new loan 
authorization approved by the voters in the general election 
held November 4, 1982. 

BY repealing and reordaining with amendments 

Ordinance 633 
" Approved by the Mayor: May 7, 1982 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance 633 of the Mayor and City Council of 
Baltimore, entitled "Issuance of Consolidated Bond Anticipation 
Notes", and approved by the Mayor on May 7, 1982, be and it is 
repealed and reordained to read as follows: 



ORDINANCES 343 

"AN ORDINANCE concerning 

ISSUANCE OF CONSOLIDATED BOND 
ANTICIPATION NOTES 

FOR the purpose of authorizing and providing for the is- 
suance, from time to time by Mayor and City Council of 
Baltimore (the "City") of its bond anticipation notes, 
designated "Consolidated Bond Anticipation Notes," and its 
bond anticipation refunding notes, designated "Consolidated 
Bond Anticipation Refunding Notes," in an aggregate prin- 
cipal amount not exceeding that permitted by the Bond Acts 
(defined below), but not outstanding at any one time in excess 
of fifty million dollars ($50,000,000) pursuant to the provisions 
of Sections 12 and 24 of Article 31 of the Annotated Code of 
Maryland (1976 Replacement Volume and 1981 Cumulative 
Supplement) and in accordance with the general obligation 
bond authority set forth in (i) Chapter 140 of the Laws of 
Maryland of 1972, and Ordinance No. 110 of the City, ap- 
proved by the Mayor on June 29, 1972, (ii) Chapter 467 of the 
Laws of Maryland of 1975, and Ordinance No. 74 of the City, 
approved by the Mayor on June 16, 1976, (iii) Chapter 16 of the 
Laws of Maryland of 1980, and Ordinance No. 81 of the City, 
approved by the Mayor on June 9, 1980, (iv) Chapter 12 of the 
Laws of Maryland of 1982, and Ordinance 677 of the City, ap- 
proved by the Mayor on June 23, 1982, (v) Chapter 348 of the 
Laws of Maryland of 1975, and Ordinance 900 of the City, ap- 
proved by the Mayor on June 13, 1975, [(v)] (vi) Chapter 209 of 
the Laws of Maryland of 1976, and Ordinance No. 76 of the 
City, approved by the Mayor on June 16, 1976, (vii) Chapter 7 
of the Laws of Maryland of 1982, and Ordinance 678 of the City, 
approved by the Mayor on June 23, 1982, (viii) Chapter 8 of the 
Laws of Maryland of 1982, and Ordinance 680 of the City, ap- 
proved by the Mayor on June 23, 1982, (ix) [(vi)] Chapter 560 of 
the Laws of Maryland of 1968, and Ordinance No. 151 of the 
City, approved by the Mayor on June 28, 1968, (x) Chapter 9 of 
the Laws of Mainland of 1982, and Ordinance 679 of the City, 
approved by the Mayor on June 23, 1982, (xi) [(vii)] Chapter 9 of 
the Laws of Maryland of 1979, and Ordinance No. 1031, ap- 
proved by the Mayor on May 24, 1979, [(viii)] (xii) Chapter 13 
of the Laws of Maryland of 1980, and Ordinance No. 82 of the 
City, approved by the Mayor on June 9, 1980, [(ix)] (xiii) 
Chapter 15 of the Laws of Maryland of 1979, and Ordinance 
No. 1037 of the City, approved by the Mayor on May 24, 1979, 
[(x)] (xiv) Chapter 35 of the Laws of Maryland of 1980, and Or- 
dinance No. 93 of the City, approved by the Mayor on June 12, 



344 ORDINANCES Ord. No. 937 

3980, [(xi)] (xv) Chapter 16 of the Laws of Maryland of 1979, 
and Ordinance No. 1038 of the City, approved by the Mayor on 
May 24, 1979, (xvi) Chapter 10 of the Laws of Maryland of 1982, 
and Ordinance 729 of the City, approved by the Mayor on June 
29, 1982, (xvii) [(xii)] Chapter 130 of the Laws of Maryland of 

1978, and Ordinance No. 791 of the City, approved by the 
Mayor on June 26, 1978, [(xiii)] (xviii) Chapter 17 of the Laws 
of Maryland of 1979, and Ordinance No. 1039 of the City, ap- 
proved by the Mayor on May 24, 1979, [(xiv)] (xix) Chapter 14 
of the Laws of Maryland of 1980, and Ordinance No. 83 of the 
City, approved by the Mayor on June 9, 1980, (xx) Chapter IS 
of the Laws of Maryland of 1982, and Ordinance No. 730 of the 
City, approved by the Mayor on June 29, 1982, (xxi) [(xv)] 
Chapter 20 of the Laws of Maryland of 1980, and Ordinance 
No. 79 of the City, approved by the Mayor on June 9, 1980, 
[(xvi)] (xxii) Chapter 463 of the Laws of Maryland of 1975, and 
Ordinance No. 899 of the City, approved by the Mayor on June 
13, 1975, [(xvii)] (xxiii) Chapter 11 of the Laws of Maryland of 

1979, and Ordinance No. 1033 of the City, approved by the 
Mayor on May 24, 1979, [(xviii)] (xxiv) Chapter 17 of the Laws 
of Maryland of 1980, and Ordinance No. 76 of the City, ap- 
proved by the Mayor on June 9, 1980, [(xix)] (xxv) Chapter 14 
of the Laws of Maryland of 1979, and Ordinance No. 1036 of 
the City, approved by the Mayor on May 24, 1979, [(xx)] (xxui) 
Chapter 18 of the Laws of Maryland of 1980, and Ordinance 
No. 80 of the City, approved by the Mayor on June 9, 1980, 
(xxvii) Chapter 11 of the Laws of Maryland of 1982, and Or- 
dinance No. 681 of the City, approved by the Mayor on June 28, 
1982, (xxviii) [(xxi)] Chapter 15 of the Laws of Maryland of 

1980, and Ordinance No. 75 of the City, approved by the 
Mayor on June 9, 1980, (xxix) Chapter 6 of the Laws of 
Maryland of 1982, and Ordinance No. 728 of the City, approved 
by the Mayor on June 29, 1982, (xxx) [(xxii)] Chapter 128 of the 
Laws of Maryland of 1971, and Ordinance No. 1098 of the 
City, approved by the Mayor on June 24, 1971, and [(xxiii)] 
(xxxi) Chapter 73 of the Laws of Maryland of 1978, and Or- 
dinance No. 785 of the City, approved by the Mayor on June 26, 
1978, (the "Bond Acts") in order to use the proceeds for the 
public purposes of (a) funding the purposes or uses set forth in 
the Bond Acts; (b) funding up to twelve (12) months capitalized 
interest on the notes (unless a longer period is allowed by law, in 
which case funding such interest up to the period permitted by 
law); (c) refunding and refinancing such notes as they mature or 
are redeemed; and (d) paying the costs of issuance of such notes; 
authorizing the use of obligations in the nature of commercial 



ORDINANCES 345 

paper or demand notes and letters of credit or related in- 
struments; prescribing the form and tenor of the notes and deter- 
mining certain other matters relating to the issuance and sale 
thereof; providing that certain matters pertaining to the notes, 
including (without limitation) the amounts and dates of any 
series, maturity or maturities, method of competitive sale, if any, 
interest rate or rates, redemption provisions, if any, and the 
period, if any, during which interest will be capitalized, shall be 
determined administratively at or prior to the time of the sale of 
any series of such notes by resolution of the Board of Finance of 
the City; providing for the private (negotiated) sale of such 
notes or, upon certain findings and determinations by the 
Board of Finance, for the competitive sale of all or part of such 
notes; providing for the disbursement of the proceeds of such 
notes; providing for the payment of such notes from refunding 
notes or from the first proceeds of bonds to be issued on the 
full faith and credit of the City in an amount necessary, 
together with any other available funds, to provide for the pay- 
ment of the principal of and interest on such notes at maturity; 
covenanting to issue general obligation bonds when, and as 
soon as, the reason for deferring the issuance thereof no 
longer exists; covenanting (in the event general obligation 
bonds are not issued to pay the principal of and interest on the 
notes when due) to levy and collect all taxes necessary to pro- 
vide for the payment of the principal of and interest on such 
notes; providing that the proceeds of such notes, or any 
monies which may be deemed to be proceeds, will not be used 
in a manner which would cause such notes to be arbitrage 
notes; authorizing the Board of Finance and the Director of 
Finance to make certain alterations in the form and tenor of 
the notes upon certain conditions; providing that the Board of 
Finance may determine by resolution or other appropriate ac- 
tion certain other matters pertaining to the issuance, sale or 
delivery of any series of such notes; and generally relating to 
the issuance, sale, and delivery and payment of all such notes. 

RECITALS 

A. For convenience of reference, the Mayor and City Council 
of Baltimore, a municipal corporation organized and existing 
under the Constitution and laws of the State of Maryland, is 
hereinafter sometimes referred to as the "City". 

B. The authority for the issuance of bond anticipation notes is 
set forth in Section 12 of Article 31 of the Annotated Code of 



346 



ORDINANCES 



Ord. No. 937 



Maryland (1976 Replacement Volume and 1981 Cumulative Sup- 
plement). Section 12 of Article 31 is sometimes referred to in 
this ordinance as the "Bond Anticipation Note Act". The authori- 
ty for the issuance of the bonds in anticipation of which the notes 
will be issued is set forth in 



Laws of 
Maryland 


City 
Ordinance 


Approved 
by Mayor 


Ratified by 
Voters 


Chapter 140 
of the Laws 
of Maryland 
of 1972 


Ordinance 
No. 110 


June 29, 
1972 


November 7, 
1972 


Chapter 467 
of the Laws 
of Maryland 
of 1975 


Ordinance 
No. 74 


June 16, 
1976 


November 2, 
1976 


Chapter 16 
of the Laws 
of Maryland 
of 1980 


Ordinance 
No. 81 


June 9, 
1980 


November 4, 
1980 


Chapter 12 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 677 


June 23, 
1982 


November k, 
1982 


Chapter 348 
of the Laws 
of Maryland 
of 1975 


Ordinance 
No. 900 


June 13, 
1975 


November 4, 
1975 


Chapter 209 
of the Laws 
of Maryland 
of 1976 


Ordinance 
No. 76 


June 16, 
1976 


November 2, 
1976 


Chapter 7 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 678 


June 23, 
1982 


November k, 
1982 





ORDINANCES 


< 


Laws of 
Maryland 


City 
Ordinance 


Approved 
by Mayor 


Ratified by 
Voters 


Chapter 8 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 680 


June 23, 
1982 


November k, 
1982 


Chapter 560 
of the Laws 
of Maryland 
of 1968 


Ordinance 
No. 151 


June 28, 
1968 


November 5, 
1968 


Chapter 9 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 679 


June 23, 
1982 


November U, 
1982 


Chapter 9 
of the Laws 
of Maryland 
of 1979 


Ordinance 
No. 1031 


May 24, 
1979 


November 6, 
1979 


Chapter 13 
of the Laws 
of Maryland 
of 1980 


Ordinance 
No. 82 


June 9, 
1980 


November 4, 
1980 


Chapter 15 
of the Laws 
of Maryland 
of 1979 


Ordinance 
No. 1037 


May 24, 
1979 


November 6, 
1979 


Chapter 35 
of the Laws 
of Maryland 
of 1980 


Ordinance 
No. 93 


June 12, 
1980 


November 4, 
1980 


Chapter 16 
of the Laws 
of Maryland 
of 1979 


Ordinance 
No. 1038 


May 24, 
1979 


November 6, 
1979 



347 



348 


ORDINANCES 


Ord. No. 937 


Laws of 
Maryland 


City 
Ordinance 


Approved 
by Mayor 


Ratified by 
Voters 


Chapter 10 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 729 


June 29, 
1982 


November 4, 
1982 


Chapter 130 
of the Laws 
of Maryland 
of 1978 


Ordinance 
No. 791 


June 26, 
1978 


November 7, 
1978 


Chapter 17 
of the Laws 
of Maryland 
of 1979 


Ordinance 
No. 1039 


May 24, 
1979 


November 6, 
1979 


Chapter 14 
of the Laws 
of Maryland 
of 1980 


Ordinance 
No. 83 


June 9, 
1980 


November 4, 
1980 


Chapter 13 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 730 


June 29, 
1982 


November 4, 
1982 


Chapter 20 
of the Laws 
of Maryland 
of 1980 


Ordinance 
No. 79 


June 9, 
1980 


November 4, 
1980 


Chapter 463 
of the Laws 
of Maryland 
of 1975 


Ordinance 
No. 899 


June 13, 
1975 


November 4, 
1975 


Chapter 11 
of the Laws 
of Maryland 
of 1979 


Ordinance 
No. 1033 


May 24, 
1979 


November 6, 
1979 





ORDINANCES 


i 


Laws of 
Maryland 


City 
Ordinance 


Approved 
by Mayor 


Ratified by 
Voters 


Chapter 17 
of the Laws 
of Maryland 
of 1980 


Ordinance 
No. 76 


June 9, 
1980 


November 4, 
1980 


Chapter 14 
of the Laws 
of Maryland 
of 1979 


Ordinance 

No. 1036 


May 24, 
1979 


November 6, 
1979 


Chapter 18 
of the Laws 
of Maryland 
of 1980 


Ordinance 

No. 80 


June 9, 
1980 


November 4, 
1980 


Chapter 11 
of the Laivs 
of Maryland 
of 1982 


Ordinance 

No. 681 


June 23, 
1982 


November 4, 
1982 


Chapter 15 
of the Laws 
of Maryland 
of 1980 


Ordinance 

No. 75 


June 9, 
1980 


November 4, 
1980 


Chapter 6 
of the Laws 
of Maryland 
of 1982 


Ordinance 
No. 728 


June 29, 
1982 


November 4, 
1982 


Chapter 128 
of the Laws 
of Maryland 
of 1971 


Ordinance 
No. 1098 


June 24, 
1971 


November 2, 
1971 


Chapter 73 
of the Laws 
of Maryland 
of 1978 


Ordinance 
No. 785 


June 26, 
1978 


November 7, 
1978 



349 



The Chapters and Ordinances listed above in this Recital B are 
collectively referred to as the "Bond Acts." 



350 



ORDINANCES 



Ord. No. 93' 



C. The Bond Anticipation Note Act authorizes and empowers 
the City to borrow money in anticipation of the issuance of its 
bonds and to evidence such borrowing by the issuance and sale 
of its bond anticipation notes in aggregate amount not greater 
than the authorized amount of the bonds in anticipation of the 
sale of which the notes are issued and sold. The Bond Anticipa- 
tion Note Act provides that such notes shall be payable as to in- 
terest and principal (except to the extent paid from proceeds of 
the sale of the notes) from the first proceeds of the bonds in an- 
ticipation of the sale of which such notes are issued. The Bond 
Anticipation Note Act further authorizes and empowers the City 
to pay up to twelve months' interest on the notes from the pro- 
ceeds of the notes. 



D. The Bond Acts authorize and empower the City to borrow 
the following amounts for the purposes specified in the Bond 
Acts, of which the following amounts currently are unissued: 



Laws of 
Maryland 

Chapter 140 
of the Laws 
of Maryland 
of 1972 

Chapter 467 
of the Laws 
of Maryland 
of 1975 



Title 

8th Off-Street 
Parking 



9th Off-Street 
Parking 



Authorized Unissued 
$ 3,700,000 $ 3,700,000 



$ 5,750,000 $ 4,370,000 



Chapter 16 
of the Laws 
of Maryland 
of 1980 

Chapter 12 
of the Laws 
-of Maryland 
of 1982 

Chapter 348 
of the Laws 
of Maryland 
of 1975 



10th Off-Street 
Parking 



Uth Off Street 
Parking 



6th Street 
Lighting 



$ 3,000,000 $ 3,000,000 



$ 4,000,000 $ 4,000,000 



$ 1,000,000 $ 500,000 



ORDINANCES 



351 



Laws of 
Maryland 

Chapter 209 
of the Laws 
of Maryland 
of 1976 

Chapter 7 
of the Laws 
of Maryland 
of 1982 

Chapter 8 
of the Laws 
of Maryland 
of 1982 

Chapter 560 
of the Laws 
of Maryland 
of 1968 

Chapter 9 
of the Laivs 
of Maryland 
of 1982 

Chapter 9 
of the Laws 
of Maryland 
of 1979 

Chapter 13 
of the Laws 
of Maryland 
of 1980 

Chapter 15 
of the Laws 
of Maryland 
of 1979 

Chapter 35 
of the Laws 
of Maryland 
of 1980 



Title 

7th Street 
Lighting 



4 th Fire 
Buildings 
and Facilities 



10th Recreation 
and Parks 
Buildings 

22nd School 



25th School 



26th Sewer 



27th Sewer 



4th Commercial 
Rehabilitation 



Commercial 
Financing 



Authorized Uniss ued 
$ 1,000,000 $ 800,000 



$ 1,400,000 $ 1,400,000 



$ 1,000,000 $ 1,000,000 



$80,000,000 $10,000,000 



$ 2,600,000 $ 2,600,000 



$ 7,300,000 $ 4,745,000 



$ 8,500,000 $ 8,500,000 



$ 2,000,000 $ 1,250,000 



$ 6,000,000 $ 6,000,000 



352 


ORDINANCES 


Ord. No. 937 


Laws of 

Maryland 


Title 


Authorized 


Unissued 


Chapter 16 
of the Laws 
of Maryland 
of 1979 


2nd Economic 
Development 


$ 4,000,000 


$ 2,600,000 


Chapter 10 
of the Laws 
of Maryland 
of 1982 


4th Economic 
Development 


$ 5,000,000 


$ 5,000,000 


Chapter 130 
of the Laws 
of Maryland 
of 1978 


2nd Industrial 
Financing 


$ 7,500,000 


$ 7,500,000 


Chapter 17 
of the Laws 
of Maryland 
of 1979 


3rd Industrial 
Financing 


$ 2,500,000 


$ 2,500,000 


Chapter 14 
of the Laws 
of Maryland 
of 1980 


4th Industrial 
Financing 


$ 3,000,000 


$ 3,000,000 


Chapter IS 
of the Laws 
of Maryland 
of 1982 


Business 
Financing 


$ 3,000,000 


| 3,000,000 


Chapter 20 
of the Laws 
of Maryland 
of 1980 


2nd Residential 

Energy 

Conservation 


$ 3,000,000 


$ 3,000,000 


Chapter 463 
of the Laws 
of Maryland 
of 1975 


2nd Residential 
Financing 


$30,000,000 


$11,000,000 


Chapter 11 
of the Laws 
of Maryland 
of 1979 


5th Residential 
Financing 


$ 7,300,000 


$ 7,300,000 



ORDINANCES 



353 



Laws of 
Maryland 

Chapter 17 
of the Laws 
of Maryland 
of 1980 



Title 

6th Residential 
Financing 



Authorized Unissued 
$ 8,000,000 $ 8,000,000 



Chapter 14 
of the Laws 
of Maryland 
of 1979 



9th Urban 
Renewal 



$ 4,500,000 $ 2,925,000 



Chapter 18 
of the Laws 
of Maryland 
of 1980 



10th Urban 
Renewal 



$16,000,000 $12,000,000 



Chapter 11 
of the Laws 
of Maryland 
of 1982 



11th Urban 
Renewal 



$ 7,000,000 $ 7,000,000 



Chapter 15 
of the Laws 
of Maryland 
of 1980 



Housing 
Development 



$12,000,000 $12,000,000 



Chapter 6 
of the Laws 
of Maryland 
of 1982 



2nd Housing 
Development 



$ 3,000,000 $ 3,000,000 



Chapter 128 
of the Laws 
of Maryland 
of 1971 



17th Water 



$ 7,800,000 $ 3,510,000 



Chapter 73 
of the Laws 
of Maryland 
of 1978 



20th Water 



$ 5,600,000 $ 3,360,000 



354 ORDINANCES Ord. No. 937 

E. The general obligation bonds authorized to be issued pur- 
suant to the Bond Acts are sometimes referred to herein as the 
"Bonds". 

F. The Bond Acts confer upon the Board of Finance of the City 
(as successor to the Commissioners of Finance of the City) cer- 
tain powers in connection with the Bonds, including, without 
limitation, the power to determine the form or forms of Bonds, 
the date of the Bonds issued at any particular time, the right of 
redemption of the Bonds prior to maturity and the rate or rates 
of interest to be borne by the Bonds. 

G. The Bond Anticipation Note Act authorizes the sale of any 
notes to be issued pursuant to such Act by public sale or by 
private negotiation with prospective purchasers, if such 
negotiated sale is deemed by the City to be in the best interest of 
the City. 

H. Authority for the issuance of refunding notes is contained 
in Article 31, Section 24 of the Annotated Code of Maryland 
(1976 Replacement Volume and 1981 Cumulative Supplement). 
Article 31, Section 24 is sometimes referred to in this Ordinance 
as the "Refunding Bond Enabling Act". 

I. The Refunding Bond Enabling Act authorizes and em- 
powers the City to issue and sell refunding obligations for the 
purpose of refunding any of its obligations then outstanding, 
provided that the public purpose of realizing savings in the effec- 
tive costs of debt service to the City is achieved. Such savings 
may be a direct result of the refunding or may result from a 
reduction in debt service effectuated through a debt restructur- 
ing. The City may, at a public meeting, determine that any re- 
funding obligations be sold on a negotiated basis without the 
solicitation of bids. 

J. The City proposes to spend the proceeds of such refunding 
notes hereby authorized for the general public purposes of pay- 
ing, prepaying, refinancing or restructuring the debt evidenced 
by the bond anticipation notes or any refunding notes issued 
pursuant to this Ordinance. 

K. The City desires to use its borrowing powers to provide for 
an efficient and flexible debt management program to meet the 
borrowing needs of the City in a responsible manner by using 
recently available financing methods designed to provide 



ORDINANCES 355 

substantial advantages to municipal borrowers during un- 
favorable bond market conditions. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, acting pursuant to the Bond Anticipation Note 
Act and the Refunding Bond Enabling Act and in accordance 
with the Bond Acts, it is hereby found and determined, as 
follows: 

(a) General economic conditions are extremely unsettled and 
require sensitive and careful debt management in order to 
reduce to the greatest extent practical the cost of borrowing to 
the City. 

(b) Current bond market conditions are unusual, erratic, and 
extraordinarily unfavorable in comparison to historical bond 
market conditions. An inflexible approach to borrowing by the 
City threatens its ability to initiate necessary capital projects 
and will diminish the resources available to provide for the needs 
of the citizens of the City in the future. A flexible approach to 
borrowing taking advantage of demand for certain short term 
and other municipal obligations will best serve the interest of the 
City. 

(c) The existence of an expanding market for tax-exempt 
obligations structured in the form of short term or demand 
obligations or commercial paper or other obligations having 
varying and flexible maturities of from one to two hundred 
seventy days or more, and for obligations related to an interest 
rate that varies with a defined or stated indicator or index, or 
combinations of such maturities and rates, necessitates the 
establishment of procedures which permit the City to utilize such 
a market for its obligations. 

(d) The Board of Finance, as the entity primarily responsible 
for the issuance and sale of the City's certificates of indebted- 
ness, has the expertise and experience necessary to be primarily 
responsible for the determination of matters set forth herein to 
be within its jurisdiction. 

(e) Private, negotiated sales are the primary and most efficient 
means of marketing such short term obligations, and in the 
absence of a determination by the Board of Finance to the con- 
trary as to a particular issue or series, sales of obligations pur- 
suant to this ordinance on a negotiated basis are in the best 
public interest and will result in the lowest cost to the City. 



356 ORDINANCES Ord. No. 937 

(f) The City currently needs funds to pay part or all of the costs 
of those certain projects or uses necessary or desirable for the 
welfare of the citizens of the City and more particularly de- 
scribed in the Bond Acts. In order to provide the City with the 
flexibility required by current bond market conditions, and in 
order to permit the construction and funding of the projects and 
uses described in the Bond Acts to proceed prior to the issuance 
of the Bonds, the City has determined to issue and sell its bond 
anticipation notes or refunding notes pursuant to this Ordinance 
in such amounts, on such terms and conditions and according to 
such procedures as are hereinafter provided. 

(g) The net proceeds from the sale of the City's refunding 
notes authorized to be issued and sold by this Ordinance, shall be 
used and applied for the public purposes of (i) refinancing, 
restructuring, refunding, or renewing, in whole or in part, from 
time to time, the City's bond anticipation notes issued pursuant 
to this Ordinance and any refunding notes issued pursuant to 
this Ordinance; (ii) paying any redemption premiums and any in- 
terest accrued or to accrue to the date of redemption in connec- 
tion with obligations being refinanced or refunded from the pro- 
ceeds of the refunding notes; and (iii) paying the costs of is- 
suance of any series of refunding notes authorized under this Or- 
dinance. 

SEC. 2. And be it further ordained, That the issuance, sale and 
delivery of an amount not exceeding that permitted by the Bond 
Anticipation Note Act, the Refunding Bond Enabling Act and 
the Bond Acts, but not outstanding at any one time in excess of 
fifty million dollars ($50,000,000), aggregate principal amount of 
notes or refunding notes, hereby designated "Consolidated Bond 
Anticipation Notes" or "Consolidated Bond Anticipation Refund- 
ing Notes" (the "Notes") is hereby authorized, subject to the pro- 
visions of this Ordinance. The Notes may be issued in one or 
more series, and each such series shall be identified by a designa- 
tion by year and by letter, so that, for example, the first series (if 
issued in 1982 and if the issuance of more than one series of 
notes hereunder is then contemplated) shall be designated "Con- 
solidated Bond Anticipation Notes -1982 Series A". The aggre- 
gate principal amount of Notes to be issued pursuant to this or- 
dinance at any one time shall be determined by the Board of 
Finance by resolution adopted prior to the delivery of the Notes. 

SEC. 3. And be it further ordained, That Notes or a series of 
Notes shall be dated as of the first day of the month in which the 



ORDINANCES 357 

series of Notes is delivered unless the Board of Finance shall 
specify a different date in its resolution hereinafter described, 
and the Notes shall bear interest at an annual rate or rates 
payable semi-annually following the date of the series of Notes, 
unless the Board of Finance shall specify a different period of 
payment, so that if the Notes of a series are dated April 1, 1982 
interest on that series of Notes will be payable on October 1, 
1982, and semi-annually thereafter, unless the Board of Finance 
specifies otherwise. The Notes shall be in the denomination of 
Five Thousand Dollars ($5,000) each, and the Notes of each 
series of Notes shall be numbered from one (1) consecutively up- 
wards, unless, as to each matter, otherwise determined by the 
Board of Finance in its resolution hereinafter described. 

SEC. 4. And be it further ordained, That, prior to the delivery 
of any series of Notes, the Board of Finance shall adopt a resolu- 
tion or resolutions which shall prescribe, subject to the Bond An- 
ticipation Note Act, the Refunding Bond Enabling Act and the 
Bond Acts as applicable, (i) the principal amount of Notes to be 
issued as a series at any one time, (ii) the date of issue of the 
series of Notes, (iii) the interest rate to be borne by the series of 
Notes, or the method by which such interest rate shall be com- 
puted, including the establishment of limitations on the interest 
rate, beyond which further approvals of the Board of Finance 
are required, (iv) the time periods and method for payment of in- 
terest on the Notes, (v) the redemption provisions, if any, for the 
series of Notes, (vi) the maturity or maturities of the series of 
Notes, (vii) the method of competitive sale if any series of Notes 
is determined to be sold at competitive sale rather than the 
negotiated sale found herein to be in the best public interest, 
(viii) the denominations of any Notes, (ix) the form, use of 
registration and means of payment of the Notes, and (x) any ad- 
ditional terms necessary or appropriate to reflect any matters 
provided in that resolution. 

The Board of Finance is hereby authorized to adopt a master 
resolution to establish procedures to facilitate the prompt deter- 
mination and approval of one or more of the matters set forth 
above. Such procedures may include telephonic approval and 
subsequent telegraphic or written confirmation of one or more 
of such matters by a designated officer of the City if prescribed 
guidelines or parameters set forth in the master resolution, or 
any amendment thereto, are not exceeded. 

The Board is further authorized to establish a procedure for 
use of a variable or floating rate for any issue of Notes, and to 



358 ORDINANCES Ord. No. 937 

establish any necessary relations with a commercial bank or 
other appropriate institution to facilitate the payment of short- 
term Notes, including the use of general or stand-by letters of 
credit, loan agreements, revolving loans or notes or similar ar- 
rangements. 

The Board may also take such further or additional actions as 
are needed to permit the issuance of Notes in the nature of com- 
mercial paper as authorized by the Bond Anticipation Note Act. 

The period during which interest may be capitalized for any 
series of Notes shall not exceed a period of twelve (12) months, 
unless a longer period is allowed by law at the time of issuance of 
the series of Notes. 

Any resolution or resolutions adopted by the Board of Finance 
pursuant to this Ordinance shall be deemed to be of an ad- 
ministrative nature. 

SEC. 5. And be it further ordained. That the City hereby 
covenants that (i) it will pay the interest on and principal of the 
Notes, to the extent not paid from proceeds of the Notes, from 
the proceeds of the Bonds, and (ii) it will issue the Bonds when, 
and as soon as, the reason for deferring their issuance no longer 
exists; but in any event, in sufficient time to permit the payment 
of the Notes at maturity or extended maturity. 

SEC. 6. And be it further ordained, That the City and the pur- 
chasers of the Notes recognize the possibility, but do not an- 
ticipate, that the City may be unable to issue the Bonds in suffi- 
cient time to provide for payment of the interest on and the prin- 
cipal of the Notes at or prior to their maturity or extended 
maturity. The City hereby covenants that in such event the City 
will levy ad valorem taxes upon each one hundred dollars 
($100.00) of property within the corporate limits of the City of 
Baltimore subject to assessment for full City taxes, at a rate suf- 
ficient to provide for the payment, when due, of the principal of 
and interest on all Notes. 

To assure the performance by the City of the provisions of this 
Section, the full faith and credit and unlimited taxing power of 
the City are hereby irrevocably pledged to the payment at 
maturity of the principal of and interest on the Notes hereby 
authorized and to the levy and collection of the taxes herein- 
above described as and when such taxes may become necessary 
in order to provide sufficient funds to meet the debt service re- 



ORDINANCES 359 

quirements of the Notes hereby authorized to be issued; this 
pledge is made hereby for the benefit of the holders, from time 
to time, of the Notes hereby authorized. 

The City hereby solemnly covenants and agrees with each 
holder of any of the Notes hereby authorized to levy and collect 
the taxes hereinabove described and to take any other action 
that may be appropriate from time to time during the period 
that any of such Notes remain outstanding and unpaid to pro- 
vide the funds necessary to make principal and interest 
payments thereon, when due. 

SEC. 7. And be it further ordained, That all Notes shall be ex- 
ecuted in the name of the Mayor and City Council of Baltimore 
and on its behalf by the manual or facsimile signature of the 
Mayor of the City and the Director of Finance of the City and the 
corporate seal of the City shall be imprinted thereon, attested by 
the manual signature of the Custodian or the Alternate Custo- 
dian of the Seal of the City. 

If any official whose signature shall appear on any series of the 
Notes shall cease to be such official prior to the delivery of any 
series of Notes, or, in the event any such official whose signature 
shall appear on any series of Notes shall have become such after 
the date of issue thereof, the Notes of such series shall neverthe- 
less be valid and legally binding obligations of the City in accord- 
ance with their terms. 

The Notes shall be fully registered as to both principal and in- 
terest in the name or names of the owner or owners thereof on 
books kept for such purpose at the office of the Director of 
Finance of the City, City Hall, Baltimore, Maryland 21202. The 
principal of the Notes shall be payable at the principal office of 
the Chase Manhattan Bank of New York, unless a different 
place of payment is established by Resolution of the Board of 
Finance. The interest on the Notes shall be payable by the City 
by check or draft mailed to the registered owners thereof at 
their respective addresses as they appear on the Note registra- 
tion books of the City. If a determination is made by the Board of 
Finance to sell all or a portion of the Notes at competitive sale, 
the Notes may be coupon notes payable at such place and in such 
manner as provided by the Board of Finance in the resolution 
making such determination. 

Except as provided hereinafter or in ordinances or resolutions 
of the Mayor and City Council of Baltimore adopted prior to the 



360 ORDINANCES Ord. No. 937 

issuance and delivery of any series of Notes, or in resolutions of 
the Board of Finance (to the extent authorized by this Or- 
dinance), all Notes shall be substantially in the following form, 
with appropriate insertions as therein indicated or as otherwise 
approved by the Board of Finance and with such modifications 
as may be appropriate for refunding notes, which form is hereby 
adopted by the City and all of the covenants and conditions 
therein contained are hereby made binding upon the City, in- 
cluding the promise to pay therein contained: 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

MAYOR AND CITY COUNCIL OF BALTIMORE 

Consolidated Bond Anticipation Notes 

No $5,000 

Dated 

MAYOR AND CITY COUNCIL OF BALTIMORE (the 
"City"), a municipal corporation organized and existing under 
the Constitution and laws of the State of Maryland, hereby 
acknowledges itself indebted and, for value received, promises 

to pay to or registered 

assigns or legal representative, the principal sum of 

FIVE THOUSAND DOLLARS 
ON 

(or at such time as hereinafter provided upon presentation and 
surrender of this note and to pay interest thereon, from the date 
of this note until it matures at the rate or rates hereinafter 

specified on , 19 .... , and semi-annually thereafter 

on the days of and 

in each year by check or draft mailed to the registered owner 
hereof at his address as it appears on the registration books of 
the Director of Finance of the City, Note Registrar. 

Both the principal of and interest on this note will be paid in 
Jawful money of the United States of America, at the time of 
payment. The principal of this note shall be payable upon pres- 
entation hereof at the principal office of Chase Manhattan Bank, 
New York, New York. 

This note shall be registered by the City upon the initial 
delivery hereof, in the name of the initial registered owner, as 
shown in the space provided above and on the registration books 
kept for that purpose at the office of the Note Registrar and, 



ORDINANCES 361 

thereafter, this note shall be transferable only by endorsement 
hereon by the Director of Finance of the City to successive 
registered owners, and no such transfer shall be valid unless 
made on the registration books by the registered owner hereof 
in person or by his attorney duly authorized. Payment of this 
note and the interest hereon shall be made only to the person 
shown hereon and on such books to be the registered owner 
hereof on the date such payment is due. 

This note is one of a duly authorized issue of series of notes of 

the City aggregating $ ($ ) in principal 

amount, which are of the denomination of Five Thousand 
Dollars ($5,000) each. These notes are numbered from one con- 
secutively upwards and are of like tenor except as to number and 
are issued pursuant to Section 12 of Article 31 of the Annotated 
Code of Maryland (1976 Replacement Volume and 1981 
Cumulative Supplement) (the "Bond Anticipation Note Act") and 
in anticipation of the issuance and sale of the City's bonds, 
authorized pursuant to (i) Chapter 140 of the Laws of Maryland 
of 1972, and Ordinance No. 110 of the City, approved by the 
Mayor on June 29, 1972, (ii) Chapter 467 of the Laws of 
Maryland of 1975, and Ordinance No. 74 of the City, approved 
by the Mayor on June 16, 1976, (iii) Chapter 16 of the Laws of 
Maryland of 1980, and Ordinance No. 81 of the City, approved 
by the Mayor on June 9, 1980, (iv) Chapter 12 of the Laws of 
Maryland of 1982, and Ordinance 677 of the City, approved by the 
Mayor on June 23, 1982, (v) Chapter 348 of the Laws of Maryland 
of 1975, and Ordinance 900 of the City, approved by the Mayor 
on June 13, 1975, [(v)] (vi) Chapter 209 of the Laws of Maryland 
of 1976, and Ordinance No. 76 of the City, approved by the 
Mayor on June 16, 1976, (vii) Chapter 7 of the Laws of Maryland 
of 1982, and Ordinance 678 of the City, approved by the Mayor on 
June 23, 1982, (viii) Chapter 8 of the Laws of Maryland of 1982, 
and Ordinance 680 of the City, approved by the Mayor on June 
23, 1982, (ix) [(vi)] Chapter 560 of the Laws of Maryland of 1968, 
and Ordinance No. 151 of the City, approved by the Mayor on 
June 28, 1968, (x) Chapter 9 of the Laws of Maryland of 1982, and 
Ordinance 679 of the City, approved by the Mayor on June 23, 
1982, (xi) [(vii)] Chapter 9 of the Laws of Maryland of 1979, and 
Ordinance No. 1031, approved by the Mayor on May 24, 1979, 
[(viii)] (xii) Chapter 13 of the Laws of Maryland of 1980, and Or- 
dinance No. 82 of the City, approved by the Mayor on June 9, 
1980, [(ix)] (xiii) Chapter 15 of the Laws of Maryland of 1979, 
and Ordinance No. 1037 of the City, approved by the Mavor on 
May 24, 1979, [(x)] (xiv) Chapter 35 of the Laws of Maryland of 



362 ORDINANCES Ord. No. 937 

1980, and Ordinance No. 93 of the City, approved by the Mayor 
on June 12, 1980, [(xi)] (xv) Chapter 16 of the Laws of Maryland 
of 1979, and Ordinance No. 1038 of the City, approved by the 
Mayor on May 24, 1979, (xvii Chapter 10 of the Laws of Maryland 
of 1982, and Ordinance 729 of the City, approved by the Mayor on 
June 29, 1982, (xvii) [(xii)] Chapter 130 of the Laws of Maryland 
of 1978, and Ordinance No. 791 of the City, approved by the 
Mayor on June 26, 1978, [(xiii)] (xviii) Chapter 17 of the Laws of 
Maryland of 1979, and Ordinance No. 1039 of the City, approved 
by the Mayor on May 24, 1979, [(xiv)] (xix) Chapter 14 of the 
Laws of Maryland of 1980, and Ordinance No. 83 of the City, ap- 
proved by the Mayor on June 9, 1980, (xx) Chapter 13 of the Laws 
of Maryland of 1982, and Ordinance No. 730 of the City, approved 
by the Mayor on June 29, 1982, (xxi) [(xv)] Chapter 20 of the Laws 
of Maryland of 1980, and Ordinance No. 79 of the City, approved 
by the Mayor on June 9, 1980, [(xvi)] (xxii) Chapter 463 of the 
Laws of Maryland of 1975, and Ordinance No. 899 of the City, 
approved by the Mayor on June 13, 1975, [(xvii)] (xxiii) Chapter 
11 of the Laws of Maryland of 1979, and Ordinance No. 1033 of 
the City, approved by the Mayor on May 24, 1979, [(xviii)] (xxiv) 
Chapter 17 of the Laws of Maryland of 1980, and Ordinance No. 
76 of the City, approved by the Mayor on June 9, 1980, [(xix)] 
(xxv) Chapter 14 of the Laws of Maryland of 1979, and Or- 
dinance No. 1036 of the City, approved by the Mayor on May 24, 
1979, [(xx)] (xxvi) Chapter 18 of the Laws of Maryland of 1980, 
and Ordinance No. 80 of the City, approved by the Mayor on 
June 9, 1980, (xxvii) Chapter 11 of the Laws of Maryland of 1982, 
and Ordinance No. 681 of the City, approved by the Mayor on 
June 23, 1982, (xxviii) [(xxi)] Chapter 15 of the Laws of Maryland 
of 1980, and Ordinance No. 75 of the City, approved by the 
Mayor on June 9, 1980, (xxix) Chapter 6 of the Laws of Maryland 
of 1982, and Ordinance No. 728 of the City, approved by the 
Mayor on June 29, 1982, (xxx) [(xxii)] Chapter 128 of the Laws of 
Maryland of 1971, and Ordinance No. 1098 of the City, approved 
by the Mayor on June 24, 1971, and [(xxiii)] (xxxi) Chapter 73 of 
the Laws of Maryland of 1978, and Ordinance No. 785 of the 
City, approved by the Mayor on June 26, 1978. 

The City has covenanted to issue general obligation bonds pur- 
suant to the Bond Acts in an amount sufficient to pay when due, 
the principal of and interest on this note. The City has 
covenanted that in the event it is unable to issue its bonds pur- 
suant to the Bond Acts to pay the principal of and interest on 
this note, the City will levy ad valorem taxes in an amount suffi- 
cient to provide, together with any other funds available for the 



ORDINANCES 363 

purpose, for the payment of the principal of and interest on this 
note when due. 

It is hereby certified and recited that all conditions, acts and 
things required by the Constitution or statutes of the State of 
Maryland, the Charter of the City and the Bond Anticipation 
Note Act to exist, to have happened or to have been performed 
precedent to or in the issuance of this note, exist, have happened 
and have been performed, and that the issue of notes of which 
this is one, together with all other indebtedness of the City, is 
within every debt and other limit prescribed by said Constitution 
or statutes or Charter. 

IN WITNESS WHEREOF, this note has been executed by the 
manual or facsimile signatures of the Mayor of the City and the 
Director of Finance of the City, and the corporate seal of the 
City has been impressed hereon, attested by the manual 
signature of the Custodian or Alternate Custodian of the City 
Seal, all as of the day of ,19 

ATTEST MAYOR AND CITY COUNCIL 

OF BALTIMORE 

By 

Custodian or Alternate Mayor 

Custodian of the City 

Seal By 

Director of Finance 

If the Board of Finance determines to offer all or any part of the 
Notes for sale at competitive sale as authorized by this Ordinance 
or in the event bond market conditions or other considerations 
relevant to the sale of the Notes are determined by the Board of 
Finance to make such action necessary or appropriate, the Board 
of Finance may provide by resolution that the Notes may be 
issued in bearer coupon form and may make such changes in the 
foregoing form or registered Note as the Board of Finance may 
determine to be appropriate to implement such determination, in- 
cluding (without limitation) providing the form of coupon to be at- 
tached to the Notes. 

SEC. 8. And be it further ordained, That, pursuant to the 
authority of the Bond Anticipation Note Act and the Refunding 
Bond Enabling Act, it is hereby determined that considering the 
nature and the maturity of the Notes, present bond market condi- 
tions, the identity of prospective purchasers indicating an interest 
in purchasing the Notes and other relevant considerations arising 



364 ORDINANCES Ord. No. 937 

from current economic conditions, it would be in the best interests 
of the City to sell the entire authorized principal amount of the 
Notes at private (negotiated) sale; however, current bond market 
conditions including (without limitation) substantial, rapid varia- 
tions in interest rates and the present overall record high level of 
interest rates indicate bond market conditions which could 
change rapidly so that, at some subsequent time, it might better 
serve the interests of the City to offer and sell the Notes, either in 
whole or in part, at competitive sale; taking these factors into ac- 
count, the City has determined to authorize, and does hereby 
authorize, the Board of Finance (i) to sell a portion of the Notes at 
private (negotiated) sale, (ii) to sell the remaining principal 
amount of the Notes at private (negotiated) sale or at competitive 
sale, if the Board of Finance finds and determines that market 
conditions at the time of the sale of the Notes (including without 
limitation, the availability of interested prospective purchasers to 
negotiate for a purchase of the Notes) to sell such balance at com- 
petitive sale, or (iii) to sell the entire amount of the Notes at com- 
petitive sale, if the Board of Finance finds and determines that 
such bond market conditions existing at the time of sale then in- 
dicate that a competitive sale would be in the best interests of 
the City. The Board of Finance shall, by resolution, award the 
sale of any series of Notes to the purchaser or purchasers 
thereof. In connection with such award, the City is authorized to 
enter into a purchase contract, loan agreement or other docu- 
ment evidencing the agreement of the City and the purchaser or 
purchasers of the Notes which document (i) may contain such 
covenants and assurances deemed necessary or appropriate in 
connection with such award and (ii) shall be approved by the 
Board of Finance in the resolution awarding the sale of the 
Notes. 

The Notes of each series shall be suitably prepared and duly 
executed and delivered to the purchaser or purchasers at the ex- 
pense of the City, from time to time, as determined by resolution 
of the Board of Finance, upon payment of the face amount of the 
series of Notes plus accrued interest from the date of the series 
of Notes to the date of delivery. Such payment shall be made in 
Baltimore Clearinghouse Funds by certified check upon, or bank 
cashier's, treasurer's or official check of, a responsible banking 
institution. 

SEC. 9. And be it further ordained, That, the proceeds from 
the sale of the Notes shall be paid to the Director of Finance, 
who shall deduct from the proceeds of the issue the amount, if 



ORDINANCES 365 

any, paid on account of accrued interest on such series, which 
amount he shall set apart for payment on account of the first 
maturing interest on the Notes of such series. 

Upon approval of the appropriate vouchers, in accordance 
with the established procedure of the City, the Director of 
Finance shall pay, from the proceeds of each series of Notes in 
his hands, all expenses incurred in the issuance of such series of 
Notes, including, without limitation, costs of engraving, print- 
ing, advertising, attorneys' fees and all other incidental ex- 
penses connected therewith. 

The Director of Finance shall credit to a special account on his 
books the amount, if any, of the proceeds of each series of Notes 
designated as capitalized interest on such series of Notes. 

The balance of the proceeds of each series of Notes shall be 
credited by the Director of Finance to the several accounts on 
his books for the projects or uses described in the Bond Acts and 
the Director of Finance shall make disbursements for such proj- 
ects or uses in accordance with the established procedure of the 
City. 

Prior to expenditure of such proceeds, such proceeds or any 
part thereof may be invested by the Director of Finance, with 
the approval of the Mayor, and within any limitation and in the 
manner provided by law. Such investment shall be made, 
however, in securities which will have dates of maturity coin- 
ciding with, or prior to, the dates upon which funds will be re- 
quired for the applicable project or use. 

If the funds derived from the sale of the Notes shall exceed the 
amount needed to finance the project or uses authorized by the 
Bond Acts, or if the City shall determine that the public interest 
requires a change in the capital improvements program of the 
City, the funds so borrowed and not expended for the public im- 
provements provided by this Ordinance shall be set apart in a 
separate fund by the Director of Finance and applied in payment 
of the next principal maturity of the Notes. 

Sec. 10. And be it further ordained, That, the Director of 
Finance of the City is hereby authorized to make such changes in 
the form of Note set forth in this Ordinance as he shall deem 
necessary to effect the purposes of this Ordinance or to comply 
with recommendations of legal counsel, and the Director of 
Finance is hereby authorized to make such further modifications 



366 ORDINANCES Ord. No. 937 

in such form as will not alter the substance of such form, all such 
modifications to be in accordance with and pursuant to the 
authority of the Bond Anticipation Note Act and the Refunding 
Bond Enabling Act. 

SEC. 11. And be it further ordained, That, the Mayor and the 
Chief, Bureau of Treasury Management shall be the officers of 
the City responsible for the issuance of the Notes within the 
meaning of Section 1.103-13(aX2XiiXC) of the Arbitrage Regula- 
tions (defined herein). The Mayor and the Chief, Bureau of 
Treasury Management shall also be the officers of the City 
responsible for the execution and delivery (on the date of is- 
suance of each series of Notes) of a certificate of the City (the 
"Section 103(c) Certificate") which complies with the re- 
quirements of Section 103(c) of the Internal Revenue Code of 
1954, as amended ("Section 103(c)") and the applicable regula- 
tions thereunder (the "Arbitrage Regulations"), and such of- 
ficials are hereby authorized and directed to execute the Section 
103(c) Certificate and to deliver such certificate to bond counsel 
on the date of the issuance of each series of Notes. 

The City shall set forth in the Section 103(c) Certificate its 
reasonable expectation as to relevant facts, estimates and cir- 
cumstances relating to the use of the proceeds of the series of 
Notes, or of any monies, securities or other obligations to the 
credit of any account of the City which may be deemed to be pro- 
ceeds of the series of Notes pursuant to Section 103(c) or the ar- 
bitrage regulations (collectively, "Note Proceeds"). The City 
covenants with each of the holders of any of the Notes that (i) the 
facts, estimates and circumstances set forth in the Section 
103(c) Certificate will be based on the City's reasonable expecta- 
tions on the date of issuance of the series of Notes and will be, to 
the best of the certifying officials' knowledge, true and correct, 
as of that date. 

The City covenants with each of the holders of any of the 
Notes that it will not make, or (to the extent that it exercises 
control or direction) permit to be made, any use of the Note Pro- 
ceeds which would cause the Notes to be "arbitrage bonds" 
within the meaning of Section 103(c) and the Arbitrage Regula- 
tions. The City further covenants that it will comply with Sec- 
tion 103(c) of the Internal Revenue Code of 1954, as amended, 
and the regulations thereunder which are applicable to the 
Notes on the date of issuance of the Notes and which may subse- 
quently lawfully be made applicable to the Notes. 



ORDINANCES 367 

SEC. 12. And be it further ordained, That, authority is hereby 
conferred on the Board of Finance, to take the following actions 
and to make the following commitments on behalf of the City: 

(a) to deliver such agreements as are needed to implement the 
financing authorized herein, in the form determined by resolu- 
tion of the Board of Finance; 

(b) to prepare and distribute disclosure memoranda and 
related material needed to implement the financing authorized 
herein; 

(c) to evaluate and determine periodically the time for issuance 
of the Bonds, including the establishment of dates by which such 
bonds are expected to be issued, or date before which such bonds 
are not expected to be issued; and 

(d) to do any and all things necessary, proper or expedient in 
connection with the issuance and sale of the Notes. 

SEC. 13. And be it further ordained, That, the Board of 
Finance may by resolution approve the renewal, restructuring, 
extension or modification of the terms of the Notes, without the 
formal issuance of refunding notes, and with the benefit of the 
terms of this Ordinance, provided such action is otherwise con- 
sistent with the terms of this Ordinance. In connection with the 
issuance of the Notes, the City may find it necessary or ap- 
propriate to purchase the Notes and hold them for resale rather 
than to have such purchase serve as redemption of the Notes. 
The Board of Finance may provide for such purchase, include 
any appropriate provision in the form of Note to that effect, and 
provide that purchase of the Notes by the City shall not be 
deemed a redemption unless otherwise indicated by the City by 
cancellation of the Note or otherwise. 

SEC. 14. And be it further ordained, That, the Board of 
Finance may, prior to the implementation of any financing pro- 
gram described herein, select and retain legal counsel to assist in 
the establishment of the program and to perform such services 
as are necessary or desirable in connection therewith. 

SEC. 15. And be it further ordained, That, the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part hereof is held illegal, invalid or un- 
constitutional or inapplicable to any person or circumstances 
such illegality, invalidity or unconstitutionality, or inapplicabili- 
ty shall not affect or impair any of the remaining provisions, 



368 ORDINANCES Ord. No. 938 

sentences, clauses, sections, or parts of this Ordinance or its ap- 
plication to other persons or circumstances. It is hereby declared 
to be the legislative intent that this Ordinance would have been 
adopted if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included herein, 
and if the person or circumstances to which this Ordinance or 
any part thereof is inapplicable had been specifically exempted 
herefrom. 

SEC. 16. And be it further ordained, That, this Ordinance shall 
take effect from the date of its passage." 

SEC. 2. And be it further ordained, That, this Ordinance shall 
take effect from the date of its passage. 

Approved May 5, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 938 
(Council No. 1491) 

AN ORDINANCE concerning 

TAX SALE PROPERTY REDEMPTIONS 

FOR the purpose of increasing from twelve percent per annum 
to eighteen percent per annum the interest rate applicable to 
redemptions of property from tax sales in Baltimore City. 

BY repealing and reordaining with amendments 
Article 28 -Taxes 
Subtitle - Director of Finance 
Section 16 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 28 -TAXES 

Director of Finance 

16. Interest rate on redemptions from tax sales. 

Pursuant to the authorization contained in Section 83 of Arti- 
cle 81 of the Maryland Code, the interest rate applicable to 



ORDINANCES 369 

redemptions of property from tax sales in Baltimore City shall 
be [twelve percent (12%)] eighteen percent (18%) per annum. 

SEC. And be it further ordained, That this ordinance shall take 
effect from the date of its passage. 

Approved May 5, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 939 
(Council No. 1502) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION -MAYOR'S 
ADVISORY COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special fund ap- 
propriation in the amount of Two Thousand Seven Hundred 
Dollars ($2,700) to the Mayor's Advisory Committee on Art 
and Culture to be used for providing outdoor sculpture 
exhibits. 

BY authority of 
Article VI -Board of Estimates 
Section 2(hX2) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the money appropriated herein represents a grant 
from a public source which could not be expected with 
reasonable certainty at the time of formulation of the fiscal 1983 
Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation or- 
dained herein has been recommended to the City Council by the 
Board of Estimates, the said recommendation having been made 
at a regular meeting of said Board held on the 16th day of 
February, 1983, all in accordance with Article VI, Section 2(hX2) 
of the Baltimore City Charter (1964 Revision as amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 
2(hX2) of the 1964 revision of the Charter of Baltimore City, the 



370 ORDINANCES Ord. No. 940 

sum of Two Thousand Seven Hundred Dollars ($2,700) shall be 
made available to the Mayor's Advisory Committee on Art and 
Culture of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1983 for the 
purpose of providing outdoor sculpture exhibits. The amount 
thus made available as a supplementary special fund appropria- 
tion shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Maryland State Arts Council, 
Department of Economic and Community Development, said 
sum being specifically allotted to the Mayor and City Council of 
Baltimore for the aforesaid purpose; and said funds from said 
Maryland State Arts Council, Department of Economic and 
Community Development, shall be the source of revenue for this 
supplementary special fund appropriation, as required by Arti- 
cle VI, Section 2 of the Baltimore City Charter (1964 Revision as 
amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved May 5, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 940 
(Council No. 1577) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE 

BONDS UNDER THE MARYLAND ECONOMIC 

DEVELOPMENT REVENUE BOND ACT OR FINANCING 

UNDER THE MARYLAND INDUSTRIAL DEVELOPMENT 

FINANCING AUTHORITY ACT -ENVIRONMENTAL 

ELEMENTS CORPORATION PROJECT 

FOR the purpose of supplementing and amending Ordinance 
No. 845 enacted by THE CITY COUNCIL OF Mayor and City 
Council of Baltimore (the "City") on December 13, 1982, and 
approved by the Mayor of the City on December 14, 1982 ("Or- 
dinance 845") (a) to more specifically describe and define the 



ORDINANCES 371 

Borrower in the Ordinance 845 as either Richard E. Hug, 
and/or a corporation to be organized, of which Mr. Hug is a 
director, stockholder or promoter, and/or a partnership to be 
formed, of which Mr. Hug is a partner; (b) TO CHANGE THE 
DEFINITION OF THE TERM "FACILITIES" AS 
DESCRIBED IN ORDINANCE 845 TO EXCLUDE THE AC- 
QUISITION OF MACHINERY AND EQUIPMENT AND 
OTHER USEFUL IMPROVEMENTS LOCATED IN THE 
OFFICE BUILDING AT 3700 KOPPERS STREET, 
BALTIMORE, MARYLAND; (C) to authorize the City as an 
alternative to the authorization provided in the Ordinance 845, 
(i) to borrow, as a limited obligation and not upon the faith and 
credit of the City, pursuant to and in accordance with the 
Maryland Industrial Development Financing Authority Act 
(the "MIDFA Act"), a sum of money not to exceed 
$10,000,000, and (ii) to relend such money to the Borrower, in 
order to finance the acquisition (as defined in the MIDFA Act) 
OF AN INDUSTRIAL PROJECT (AS DEFINED IN THE 
MIDFA ACT) CONSISTING of (1) a tract of land located at 
1700 Ridgely Street, Baltimore, Maryland, containing approx- 
imately 17.5 acres, (2) all improvements, fixtures, machinery 
and equipment located thereon, including a building or 
buildings of approximately 320,000 square feet; and/or (3) such 
other interests in land as may be necessary or suitable, 
WHICH INDUSTRIAL PROJECT WILL BE LEASED TO 
ENVIRONMENTAL ELEMENTS CORPORATION, A 
DELAWARE CORPORATION; and (e) (D) to authorize the 
acceptance by the City of a supplemental letter of intent dated 
April 22, 1983. 

BY repealing and re-enacting with amendments, Paragraph 2 of 
the RECITALS of Ordinance 845. 

BY REPEALING AND RE-ENACTING WITH AMEND- 
MENTS, SECTION 1, PARAGRAPH (A) OF ORDINANCE 

845. 

BY adding Paragraphs 2 through 9 8 of the RECITALS of this 
Ordinance to the RECITALS of Ordinance 845 as Paragraphs 
3 through 43 9. 

BY adding SECTIONS 12 through 23 to Ordinance 845. 

BY renumbering existing SECTION 12 of Ordinance 845 as 
SECTION 24 of Ordinance 845. 



372 ORDINANCES Ord. No. 940 

RECITALS 

Ordinance No. 845, enacted by THE CITY COUNCIL OF 
Mayor and City Council of Baltimore, (the "City") on December 
13, 1982 and approved by the Mayor of the City on December 14, 
1982 ("Ordinance 845"), authorized and provided for the is- 
suance, sale and delivery by the City of its industrial develop- 
ment revenue bonds, at any time or from time to time and in one 
or more series, in an aggregate principal amount not to exceed 
$10,000,000 (the "Bonds"), pursuant to the Maryland Economic 
Development Revenue Bond Act, codified at Sections 266A 
through 266-1, inclusive, of Article 41 of the Annotated Code of 
Maryland (1982 Cumulative Supplement), in order to lend the 
proceeds thereof to Richard E. Hug, and/or a corporation to be 
organized, of which Mr. Hug will be a director, stockholder or 
promoter, for the purpose of financing the acquisition of certain 
"Facilities" as described in the Ordinance 845 consisting of the 
acquisition, expansion, renovation, improvement and/or equip- 
ping of certain manufacturing, research and office facilities 
located in the City of Baltimore, including (1) the acquisition of a 
tract of land located at 1700 Ridgely Street, Baltimore, 
Maryland, containing approximately 17.5 acres, (2) the acquisi- 
tion of all improvements, machinery and equipment thereon, in- 
cluding a building of approximately 320,000 square feet, (3) the 
acquisition of machinery and equipment and other useful im- 
provements located on the Ridgely Street tract and in the office 
building located at 3700 Koppers Street, Baltimore, Maryland, 
and/or (4) the acquisition of such other interests in land as may 
be necessary or suitable for the foregoing, including roads and 
rights of access, utilities and other necessary site preparation. 

The City has received a supplemental letter of intent from 
Richard E. Hug, dated April 22, 1983 (the "Supplemental Letter 
of Intent"), pursuant to which Richard E. Hug has requested the 
City (a) as an alternative to issuing, selling and delivering the 
Bonds under the Maryland Economic Development Revenue 
Bond Act as authorized by the Ordinance , (i) to borrow, pursuant 
to the Maryland Industrial Development Financing Authority 
ACT (the "MIDF A Act"), as a limited obligation and not upon the 
faith and credit of the City, a sum of money not to exceed 
$10,000,000, and (ii) to relend such money to Richard E. Hug, 
and/or a corporation to be organized of which Richard E. Hug is 
a director, stockholder or promoter, and/or a partnership to be 
formed, of which Richard E. Hug is a partner, to finance the ac- 



ORDINANCES 373 

quisition of the Industrial Project (hereinafter defined), aftd (b) 
to amend Ordinance 845 to provide that in the event the acquisi- 
tion of Facilities is accomplished by the issuance and sale of the 
Bonds, the proceeds thereof shall be loaned to Richard E. Hug, 
and/or a corporation to be organized of which he is a director, 
stockholder or promoter, and/or a partnership to be formed of 
which he is a partner., AND (C) TO CHANGE THE DEFINI- 
TION OF THE TERM "FACILITIES" AS DESCRIBED IN 
ORDINANCE 845, TO EXCLUDE FROM THAT TERM THE 
ACQUISITION OF MACHINERY AND EQUIPMENT AND 
OTHER USEFUL IMPROVEMENTS LOCATED IN THE OF- 
FICE BUILDING AT 3700 KOPPERS STREET, 
BALTIMORE, MARYLAND. 

In the event that the Industrial Project is acquired by financ - 
ing provided pursuant to the MIDFA Act, the provisions of this 
Ordinance will control. 

The City has determined to amend Ordinance 845 (a) to pro- 
vide that in the event the Bonds authorized in Ordinance 845 are 
issued and sold, the proceeds thereof will be loaned to Richard 
E. Hug and/or a corporation to be organized, of which Richard 
E. Hug will be a director, stockholder or promoter, and/or a 
partnership to be formed, of which Richard E. Hug will be a 
partner (the "Borrower"), &ftd (b) to authorize, as an alternative 
to the issuance and sale of the Bonds, the borrowing of a sum of 
money not to exceed $10,000,000, pursuant to the MIDFA Act, 
and the relending of the proceeds thereof to the Borrower- , 
AND (C) TO CHANGE THE DEFINITION OF THE TERM 
"FACILITIES" AS DESCRIBED IN ORDINANCE 845, TO 
EXCLUDE FROM THAT TERM THE ACQUISITION OF 
MACHINERY AND EQUIPMENT AND OTHER USEFUL 
IMPROVEMENTS LOCATED IN THE OFFICE BUILDING 
AT 3700 KOPPERS STREET, BALTIMORE, MARYLAND. 

The "Facilities", AS AMENDED HEREBY, constitute a 
"facility" as defined in the Maryland Economic Development 
Revenue Bond Act and an "industrial project" as defined in the 
MIDFA Act, and shall be hereinafter referred to as the "In- 
dustrial Project." The Borrower will be a "facility applicant" as 
defined in the Maryland Economic Development Revenue Bond 
Act and an "industrial project applicant" as defined in Section 
13-151 of the MIDFA Act and will hereinafter SOMETIMES be 
referred to as the "Applicant." It is contemplated that the In- 
dustrial Project will be leased to Environmental Elements Cor- 



374 ORDINANCES Ord. No. 940 

poration, A DELAWARE CORPORATION, which will be a 
"project occupant" as defined in the MIDFA Act. 

The MIDFA Act creates the Maryland Industrial Development 
Financing Authority ("MIDFA") and vests in it certain powers 
and duties in connection with the preservation and betterment 
of the economy of the State of Maryland (the "State")r . • 

The City, which is a "public body" as defined in Section 
13-101(s) of the MIDFA Act (AND HEREINAFTER 
SOMETIMES REFERRED TO AS the "Public Body"), has 
received the Supplemental Letter of Intent requesting the 
Public Body to participate in the acquisition (as defined in Sec- 
tion 13401(b) of the MIDFA Act) of a certain "industrial project" 
by borrowing from a "lender", as defined in Section 13-101(m) of 
the MIDFA Act (the "Lender"), a sum of money not to exceed 
$10,000,000, pursuant to the MIDFA Act. 

Section 13-140 of the MIDFA Act provides, among other 
things, that a public body of the State, subject to the provisions 
of the MIDFA Act and notwithstanding the provisions of its 
charter, may borrow money to (A) defray the cost of acquiring 
an "industrial project", or (B) relend to an "industrial project ap- 
plicant" under Section 13-151 of the MIDFA Act. 

Section 13441(c)(2) of the MIDFA Act provides that the funds 
borrowed by the public body shall be utilized in connection with a 
"bona fide industrial project", as evidenced by a letter of intent 
or similar agreement between the prospective industrial project 
applicant and the public body borrowing the money. 

SECTION 1. Beit ordained by THE Mayor and City Council of 
Baltimore, That Paragraph 2 of the RECITALS of Ordinance 
845 is hereby repealed, amended and re-enacted as follows: 

"On November 9, 1982, Richard E. Hug submitted a letter of 
intent to the City requesting .WHICH LETTER OF INTENT, 
AS SUPPLEMENTED BY THE SUPPLEMENTAL LETTER 
OF INTENT, REQUESTED the City to issue and sell its in- 
dustrial development revenue bonds in an aggregate principal 
amount not exceeding $10,000,000 and to loan the proceeds of 
the sale of such revenue bonds to Richard E. Hug, and/or a cor- 
poration to be organized of which Richard E. Hug will be a direc- 
tor, stockholder or promoter, and/or a partnership to be formed 
of which Richard E. Hug will be a partner (collectively, whether 
one or more than one borrower, the "Borrower"), for the pur- 



ORDINANCES 375 

pose of the acquisition, expansion, renovation, improvement 
and/or equipping of certain manufacturing, research and office 
facilities located in the City of Baltimore, including (1) the ac- 
quisition of a tract of land located at 1700 Ridgely Street, 
Baltimore, Maryland, containing approximately 17.5 acres, (2) 
the acquisition of all improvements, machinery and equipment 
thereon, including a building of approximately 320,000 square 
feet, ( 8 ) the acqui s ition of machinery and equipment and other 
useful improvements located on the Ridgely S treet tract and in 
the office building located at 3 700 Kopper s Street, Baltimore, 
Maryland, and/or (4) (3) the acquisition of such other interests in 
land as may be necessary or suitable for the foregoing, including 
roads and rights of access, utilities and other necessary site 
preparation. The Borrower recognizes that such revenue bonds 
are limited obligations of the City and are not to be issued upon 
the City's full faith and credit or taxing powers. The City has 
determined to authorize the issuance of such revenue bonds." 

SEC. 2. BE IT FURTHER ORDAINED, THAT PARA- 
GRAPH (A) OF SECTION 1 OF ORDINANCE 845 IS 
HEREBY REPEALED, AMENDED AND RE-ENACTED AS 
FOLLOWS: 

"(A) THE CITY INTENTS INTENDS TO ISSUE AND 
SELL, AT ANY TIME OR FROM TIME TO TIME AND IN 
ONE OR MORE SERIES, ITS REVENUE BONDS, NOTES 
OR OTHER EVIDENCES OF OBLIGATION AUTHORIZED 
BY THE ACT IN AN AGGREGATE PRINCIPAL AMOUNT 
NOT TO EXCEED $10,000,000 (THE "BONDS"), IN ORDER 
TO LEND THE PROCEEDS THEREOF TO THE BOR- 
ROWER, FOR THE PURPOSE OF FINANCING THE AC- 
QUISITION OF CERTAIN FACILITIES DESCRIBED 
BELOW (THE "FACILITIES") LOCATED IN BALTIMORE 
CITY, MARYLAND. THE FACILITIES WILL CONSIST OF 
CERTAIN MANUFACTURING, RESEARCH AND OFFICE 
FACILITIES LOCATED IN THE CITY OF BALTIMORE IN- 
CLUDING (1) THE ACQUISITION OF A TRACT OF LAND 
LOCATED AT 1700 RIDGELY STREET, BALTIMORE, 
MARYLAND, CONTAINING APPROXIMATELY 17.5 
ACRES, (2) THE ACQUISITION OF ALL IMPROVEMENTS, 
MACHINERY AND EQUIPMENT THEREON, INCLUDING 
A BUILDING OF APPROXIMATELY 320,000 SQUARE 
FEET (THE "BUILDING"), (3) THE ACQUISITION OF 
MACHINERY AND EQUIPMENT AND OTHER USEFUL 
IMPROVEMENTS LOCATED IN THE BUILDING AND IN 
THE OFFICE BUILDING LOCATED AT 3700 KOPPERS 



376 ORDINANCES Orel. No. 940 

STREET, BALTIMORE, MARYLAND, AND/OR (4) (3) THE 
ACQUISITION OF SUCH OTHER INTERESTS IN LAND AS 
MAY BE NECESSARY OR SUITABLE FOR THE FOREGO- 
ING, INCLUDING ROADS AND RIGHTS OF ACCESS, 
UTILITIES AND OTHER NECESSARY SITE PREPARA- 
TION. THE TERM "ACQUISITION" SHALL HAVE THE 
MEANING PRESCRIBED IN THE ACT AND SHALL IN- 
CLUDE ACQUISITION, CONSTRUCTION, RECONSTRUC- 
TION, EXTENSION, IMPROVING, REHABILITATION AND 
REMODELING. 

SEC. a SEC. 3. Be it further ordained, That Paragraphs 2 
through 9 8 of the RECITALS of this Ordinance are hereby 
added to the RECITALS of Ordinance 845 as Paragraphs 3 
through W 9. 

SEC. 3 4. Be it further ordained, That Ordinance 845 is hereby 
amended by inserting on page 9 of Ordinance 845 the following 
as Sections 12 through 23: 

"SECTION 12. Be it further ordained, That it is hereby found 
and determined as follows: 

(a) the financing of the acquisition (as defined in Section 
13401(b) of the MIDFA Act) of the Industrial Project will fulfill 
and accomplish the declared purposes of the MIDFA Act, which 
are (i) to encourage the issuance of bonds and the making of 
loans, and to make or participate in the making of loans or pur- 
chasing of bonds, the proceeds of which were used to make loans 
(A) to further industrial expansion in the State of Maryland (the 
"State") to provide enlarged opportunities for gainful employ- 
ment by the people of Maryland, and thus to insure the preserva- 
tion and betterment of the economy of the State, (B) to serve the 
interest of the public welfare and purpose by promoting the ex- 
pansion and diversification of industry in the State, avoiding the 
relocation of industry from the State, increasing employment in 
the State, and providing a larger taxable base for the economy 
of the State, (C) to assist and encourage local development cor- 
porations and political subdivisions in their efforts to stimulate 
business growth in their communities, and (D) to provide 
businesses with greater access to capital markets and to make 
available loans and other financial assistance as important in- 
ducements to increased and varied employment and for 
businesses to remain, expand, or locate in the State; and (ii) by 
the stimulation of a larger flow of private investment funds, to 
meet the need of industrial plant expansion in the State; and, ac- 



ORDINANCES 377 

cordingly, it is in the interest of the public welfare and purpose 
of the citizens of the State and of the City that the Public Body 
participate in the financing of the acquisition of the Industrial 
Project; and 

(b) the "Facilities" constitute the Industrial Project, and the 
Industrial Project is an "industrial project", as defined in Section 
13-101(1) of the MIDFA Act; and, as evidenced by the Letter of 
Intent, the Industrial Project is a "bona fide industrial project", 
as mentioned in Section 13441(c)(2) of the MIDFA Act, and the 
Applicant is a bona fide "prospective industrial project 
applicant", as mentioned in Section 13-141 (c)(2) of the MIDFA 
Act. THE APPLICANT WILL LEASE THE INDUSTRIAL 
PROJECT TO ENVIRONMENTAL ELEMENTS CORPORA- 
TION, A DELAWARE CORPORATION. WHICH IS A "PROJ- 
ECT OCCUPANT" AS MENTIONED IN THE MIDFA ACT. 

SEC. 13. Be it further ordained, That as an alternative to issu- 
ing, selling and delivering the Bonds and lending the proceeds 
thereof to the Borrower, the Public Body be and it is hereby fully 
authorized and empowered pursuant to Sections 12 through 23 
of this Ordinance, to borrow from the Lender, as a limited 
obligation in accordance with the MIDFA Act and not as a 
general obligation upon which the faith and credit of the Public 
Body is pledged, a sum of money not to exceed Ten Million 
Dollars ($10,000,000) (the "Loan"), for a term not to exceed fif- 
teen years, such Loan to bear interest at either an annual rate of 
interest not to exceed 10.5% plus additional interest in fche 
AN amount e£NOT TO EXCEED $35,000 payable within the 
first yea* 15 MONTHS after the Loan is made, or at a fluc- 
tuating rate of interest not to exceed 74% of the prime rate of in- 
terest in effect at the Lender from time to time, plus additional 
interest in *he AN amount el NOT TO EXCEED $35,000 
payable within the first yea* 15 MONTHS after the Loan is 
made (the "Tax-Exempt Rate"); provided, however, that in the 
event it is determined that such interest is not exempt from 
federal income taxes, the rate of interest on the Loan shall be in- 
creased (both prospectively and retroactively for the period 
involved ANY PERIODS AFFECTED) to an annual rate of 
interest not to exceed the prime rate of interest in effect at the 
Lender from time to time plus 1% per annum (the "Taxable 
Rate"). If required by the Lender, all interest may be calculated 
on the basis of a 360-day year factor applied to actual days 
elapsed; and the rate of interest may be adjusted daily, monthly, 
or at such other times as may be determined by the Lender. In 



378 ORDINANCES Ord. No. 940 

the event that the maximum federal corporate income tax rate, 
IF ANY, applicable to the Lender shall either be increased or 
reduced on or after the date on which the Loan is made, the Tax- 
Exempt Rate shall be adjusted to equal the product obtained by 
multiplying such interest rate by a fraction, the numerator of 
which shall be one minus the new maximum federal corporate in- 
come tax rate applicable to the Lender, and the denominator of 
which shall be one minus the maximum federal corporate income 
tax rate applicable to the Lender as of the date on which the 
Loan is made (the "Adjusted Tax-Exempt Rate"). The Adjusted 
Tax-Exempt Rate shall be rounded to the nearest one tenth of 
one percent. In no event shall the Adjusted Tax-Exempt Rate 
exceed the Taxable Rate. 

SEC. 14. Be it further ordained, That the Industrial Project, 
and the acquisition thereof, will consist of the "Facilities" as 
previously described. 

SEC. 15. Be it further ordained, That the Public Body use the 
proceeds of the Loan for the purpose of relending the proceeds 
of the Loan to the Applicant pursuant to a MIDFA Financing 
Agreement or similar agreement or agreements (the "MIDFA 
Financing Agreement") and pursuant to such other documents 
or agreements between the Public Body and the Applicant as 
may be required by the Lender or the Applicant MIDFA, to 
enable the Applicant to acquire the Industrial Project pursuant 
to Section 13-151 of the MIDFA Act. The form and substance of 
such MIDFA Financing Agreement and such other documents 
or agreements shall be approved by the Board of Estimates of 
the City as hereinafter provided. 

SEC. 16. Be it further ordained, That as described generally in 
the Supplemental Letter of Intent and as contemplated by the 
MIDFA Act: 

(a) the Loan may be evidenced by a note or notes or bond or 
bonds or such other evidence of indebtedness as may be ap- 
proved by the Board of Estimates of the City (collectively, the 
"Note"), and secured by a mortgage covering the Industrial Proj- 
ect AND/or by such guarantees, agreements or other credit in- 
struments securing the indebtedness as may be approved by the 
Board of Estimates of the City, as hereinafter provided (such 
Note and such other documents, together with the MIDFA 
Financing Agreement, being herein sometimes collectively 
referred to as the "Loan Documents"), such Loan Documents to 
be executed by the Public Body without in any event pledging its 



ORDINANCES 379 

faith and credit, and such Loan to be repaid by the Public Body 
solely from the revenues derived from payments to be made by 
the Applicant to the Public Body pursuant to the Loan 
Documents, and from any other moneys made available to the 
Public Body for such purpose; and 

(b) the Applicant will make Loan repayments under the Loan 
Documents sufficient, in the aggregate, to pay (i) the principal of 
and interest on the Loan, (ii) all taxes and payments in lieu of 
taxes, and (iii) any expenses incurred by the Public Body in con- 
nection with the administration of the Loan, all as the same 
become due and payable; and 

(c) any costs of acquiring the Industrial Project in excess of the 
proceeds of the Loan will be paid by the Applicant. 

SEC. 17. Be it further ordained, That, notwithstanding any- 
thing contained in this Ordinance or in any document authorized 
herein to be executed, and notwithstanding the execution and 
delivery of any such document, neither the faith and credit nor 
the taxing powers of the Public Body shall be deemed to be 
pledged hereby, and the Public Body shall at no time be required 
to exercise its taxing powers in order to implement the transac- 
tions authorized hereby. Nothing contained in Sections 12 
through 23 of this Ordinance shall be deemed or construed in any 
way to create or constitute a debt of the Public Body within the 
meaning of any constitutional, statutory or other debt limitation 
provision, or to constitute any act or purpose other than that 
contemplated by the MIDFA Act. Neither the Loan nor the in- 
terest thereon shall ever constitute an indebtedness or a charge 
against the general credit or taxing powers of the Public Body, 
within the meaning of any constitutional or charter provisions or 
statutory limitation, and neither shall ever constitute or give 
rise to any pecuniary liability of the Public Body. 

SEC. 18. Be it further ordained, That the Public Body will not 
incur any liability, direct or indirect, or any cost, direct or in- 
direct, in connection with the Loan or the acquisition of the In- 
dustrial Project, and the Industrial Project will be acquired so as 
to conform to the requirements of the Applicant; accordingly, 
the Applicant shall (a) select and work with the ouppliero and 
eontractora which will provide, construct, and improve the In - 
d ustrial Project and negotiate and approve all contracts, een- 



380 ORDINANCES Ord. No. 940 

atruction plana, opacifications, and all financing arrangements 
in connection with the acquisition of the Industrial Project, and 
(b) pay all necessary costs incurred by or on behalf of the Public 
Body in connection with the aforesaid financing, including the 
administration thereof, and in connection with the acquisition of 
the Industrial Project, including (without limitation) all costs in- 
curred in connection with the preparation of the appropriate 
legal documents necessary to effectuate the proposed financing 
and acquisition including (without limitation) the fees of legal 
counsel to the Public Body and to the Lender, and compensation 
to any other person (other than full-time employees of the Public 
Body) performing services by or on behalf of the Public Body in 
connection with the transactions contemplated by this 
Ordinance, whether or not the proposed financing and acquisi- 
tion are consummated. 

SEC. 19. Be it farther ordained, That in connection with the 
financing and acquisition described in Sections 12 through 23 
hereof, the Mayor of the City or other appropriate officials of the 
City are hereby authorized and empowered: 

(a) to execute the acceptance of the Supplemental Letter of In- 
tent from the Applicant to further evidence the "official action" 
(within the meaning of Income Tax Regulation Section 
1.103-8(a)(5)) already taken by the Public Body in this Ordinance 
to participate in the financing of the acquisition of the Industrial 
Project; 

(b) to execute and deliver the MIDFA Financing Agreement, 
the Loan Documents, and such other bonds, notes, guarantees, 
agreements or other credit instruments securing or evidencing 
the indebtedness as may be approved by the Board of Estimates 
of the City, as hereinafter provided; and 

(c) to execute such other documents, instruments and cer- 
tificates- as are necessary or appropriate to consummate such 
financing and acquisition including, but not limited to any and all 
'necessary financing statements. 

SEC. 20. Be it further ordained, That the terms and provisions 
and form and substance of any and all documents and in- 
struments to be executed or entered into by the Public Body in 
connection with the transactions authorized by Sections 12 
through 23 of this Ordinance, including all customary closing 
certificates and documents, shall be approved by the Board of 



ORDINANCES 381 

Estimates of the City prior to the execution and delivery thereof 
by the Mayor of the City or other appropriate officials of the 
City. 

SEC. 21. Be it further ordained, That the Mayor of the City and 
other appropriate officials of the City, for and on behalf of the 
Public Body, be and they hereby are authorized to do all things, 
execute all instruments, and otherwise take all action necessary 
to carry out the authority conferred by Sections 12 through 23 of 
this Ordinance. 

SEC. 22. Be it further ordained, That the commitment of the 
Public Body to participate in the financing of the acquisition of 
the Industrial Project pursuant to the MIDFA Act is contingent 
upon final approval of the Industrial Project and the proposed 
financing thereof by MIDFA. 

SEC. 23. Be it further ordained, That if the Public Body par- 
ticipates in the financing of the Industrial Project pursuant to 
the MIDFA Act, PARAGRAPHS 3 THROUGH 9 OF THE 
RECITALS AND Sections 12 through 23 of this Ordinance shall 
eon^ol GOVERN THE PUBLIC BODY'S APPROVAL OF 
THE LOAN." 

SEC. 3 5. Be it further ordained, That SECTION 12 of 
Ordinance 845 is hereby renumbered as SECTION 24 of Or- 
dinance 845. 

SEC. 4 6. Be it further ordained, That this Ordinance sup- 
plements and amends Ordinance 845 as herein provided. 

SEC. 5 7. Be it further ordained, That this Ordinance shall take 
effect from the date of its passage. 

Approved May 17, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



382 ORDINANCES Ord. No. 941 

No. 941 

(Council No. 1249) 

AN ORDINANCE concerning 

'CITY PROPERTY— OPENING, WIDENING, GRADING, 

CONSTRUCTION AND MAINTENANCE OF THE 

WATERVIEW AVENUE CONNECTOR FROM POTEE 

S TREET TO HANOVER STREET 

' FOR tho purpoae of authorizing the acquisition by purchase 
or condemnation by the Mayor and City Council of Balti - 
more of tho foo simple intorostc or oueh other interests 
ao tho Director of The Department of Public Worka may 
deem noceaoary or sufficient, in and to certain pieceo or 
parcels of land situate in Baltimor e City, for highway 
and other municipal purposes, nam e ly for tho opening, 
widening, grading, construction and maintenance of Tho 
Watorviow — Avenue — Connector — located — northwest — e£ 
Cherry Hill Road extending from Potco Street, Easterly 
1 02 foot, moro or leso, to Hanover Street and authorizing 
the acquisition by purchase or condemnation of any 
property, right s , interests, oasomonts and/or franchises 
nec e ssary in tho opening, wid e ning, grading, con s truc - 
tion and maintenance of said Watorviow Avenue Con - 
n e ctor; and authorizing tho making of all necessary 
o - groomonta concerning said Watorviow Avenue Connec - 
tor; and authorizing tho construction of said Watorviow 
Av e nue Connootor; — the — location — and — course — of said 
' Watorviow Avenue Connector being shown on a plat 
th e r e of numbered 341 A 17; prepared by the Surveys 

rector of The Department of Public Work3 — on -the 
Twenty third (23rd) day of July, 19 8 3 > 

<B Y authority of 

Articl e I — General Provision s 
- Section — 4- 

Artiele II — General Provision s 

Section 2 

i Baltimor o City Cha rter (1964 R e visi on^-as - amended) 

SECTION 1. Bo it orda i nod by tho Mayor amd City Council 
- o/ Baltimore, That it is necessary to acquire by purcha se 
» r condemnation for public highway and other municipal 



ORDINANCES 383 

purposes, namely, for tho opening, widening, grading, oon 
fraction and maintenance of The Watcrviow Avonuo Con 
noctor located northwest of Chorry Hill Road extending 
feom Potoo Street to Hanover Street; tho fee oimplo in 
torooto op oueh other intorooto ao tho Director of tho De - 
p artment of Public Worko may doom noecooary, in and 
to » thc piccco or parcelo of land, oituatc in Baltimore City, 
including tho improvement*) thereon, bounded ao followo! 

Beginning for the oamo at the point formed by tho inter - 
action of tho north woot side of Cherry Hill Road, 61 foot 
wide, and the northcaot oidc of Potc e Street, varying in 
width, and running thence binding on tho northeast cido of 
s aid Potoo Street and on tho caot oido of Potce Street (Eaot 
Drive), ao now laid out, by a lino curving to tho right 
with a radiu s of 800 . 00 f ee t th e distanco of 409 . 20 f ee t 
whioh aro io subtended by a chord bearing North 17° 32" 
40.4" Woot 404.76 foot; thence for a now line of division 
through tho property now or formerly owned by Tho 
Mary and Daniel Loughran Foundation, Inc., ct al, by a 
lino curving to the l e ft with a radius of 30 8 .00 feet 'the 
distanco of 181 . 23 foot which aro is subtondod by a chord 
boaring North 84° 13' 16.9" Eaot 178.62 feat to intcrooct 
tho southwest oido of Hanover Street, varying in width ; 
th e nco binding on the southwest aide of aaid Hanover 
Street tho three following oourooo and distanooo; namoly, 
by a lino curving to tho loft with a radius of 8 67 . 55 foot th e 
distance of 176.44 foot whioh aro is subtend e d by a chord 
bearing South 35° 27' 54.1" East 176 . 14 foot, by a lin e 
curving to th e right with a radiu s of 924.71 feet the dis - 
tance of 133.19 feet which arc is subtondod by a chord 
b e aring South 37° 09' 54.5" East 133.07 foot and South 
33° - 02'20" Ea s t 19,50 f oo t to int e r s ect th o northw es t side 
of^aki-Gherry--Hyi- jk>adr-ftnd- then c e binding on th e north - 
west s ide of said Chorry Hill Road, South 60° 59' 00" W es t 

2x-l t\.i TOftf" f /-v f nrv n lopQ n "f HfHTH U *~> 1 rtrr 

Containing 86,781.81 oquaro feet or 1.0QGu3 acrco of land, 
more or less . 

All cour s e s and diatancca in the above description ar o 
r e f e rrod to tho true moridian ao adopted by tho Baltimore 
' Survey Control Syotcm: 

Including all property, righto, inter - cote, ca3cmenta and/ 
»* franchisee necessary in tho opening, widening, grad 



384 ORDINANCES Ord. No. 941 

ing, conotruction — &¥t4 — maintenance — of said — Watcrvicw 
Avenue Connector, the location and course of aaid Water - 
^icw Avenue Connector being shown on a plat thereof 
mimbored 341 A 17 prepared by the Survcyo and Rocordo 
Divioion and filed in the Office of The Director of The 
department of Public Worka on the Twenty third (2 3 rd) 
day of July, 1083. 

Any mention or reference to any streets, roada, avenues, 
highwayo or alloyo in thio Ordinance or on the plat referred 
to horoin are for the purpose of description only, and 
shall not be hold or taken to be any evidence whatever that 
said streets, roads, avenue s , highwayo, alloys or any of 
th e m, aro public, dedicated or private thoroughfares. 

SEC, 2. — And bo i t further ordoAned, That tho Director 
s f The Dopartmont of Public Works or the porson or per - 
s on s tho Board of Estimator of Baltimore City may horo - 
aftor from time to time designate, io or aro hereby author - 
ised to acquire on behalf of th e Mayor and City Council 
of ' Baltimoro, and for tho purposes described in thio Ordi - 
nance, tho foe simple intorooto or such other interooto ao 
tho said Director may doom necessary or sufficient, in and 
t o caid piece s or parcels of land and improvements there 
upon, including all prop e rty, rights, interests, eas e m e nt s 
a nd/or franchises nocossary in th e op e ning, widening , 
gr a ding , con s truction and maint e nanc e of said Wat e rvi e w 
Avenue Connector. If tho said Director of Tho Depart 
mont of Public Works, or porson or persons the Board of 
E e timatoo of Baltimoro City may dooignato arc unable to 
a greo with th e own e r or owners on tho purchas e pric e of 
any of the said pieces or parcels of land and improvements 
thereupon or for any of tho said propertie s , right s, inter - 
ta ts, oa e omonto and/or franchis e s, they shall forthwith 
notify the City Solicitor of Baltimoro City who s hall 
th e r e upon institut e in the nam e of th e Mayor and City 
Council of Baltimoro tho necessary legal proceedings to 
acquire by condemnation the fee simple intcroata or ouch 
other rights, interests, casements and/or franchises ao tho 
said Dirootor may doom necessary or sufficient for th e 
■ purposes of said Watorvi ow Avenue Connector Project* 

S ec. 3* — And be it further ordained, That the proceed - 
ings for tho acquisition by condemnation of the property 



ORDINANCES 385 

and righto heroin described and tho righto of all parti es 
intorootcd or affected thereby ohall bo regulated by and be 
in accordance with the provioiono of The Real Property 
Artiolo of Tho Annotated Code of Maryland — (1971) , 
Titlo 12, Section 101 Et Soq. and any and all amendments 

•4- V-» /Miu\4-rt 

SEC, 4. — And bo it further ordained, That the aaid Di - 
r e ctor of Tho Department of Public Works or poroon or 
porsono tho Board of Estimates of Baltimore City may 
d e signato aro also hereby authorized to negotiate for and 
a nd to enter into in tho name of the Mayor and City Coun - 
cil of Baltimore, any and all ncccooary agroemento with the 
Federal and State Covornmonto, or any of their agencies , 
a nd any other persons , firms or oorporationo, in aid of, in 
furtherance of, or in connection with said Waterview 
' Avenue Connector Projoct; all ouch acquisitions and agree 
monto to bo oubject to tho approval of the Board of 
Estimates . 

' Sec . 5 . — And bo it further ordainod, That aft e r tho 
n e c es sary agroemento have boon made and the nccc39ary 
prop e rti e s, lands , rights, easem e nt s and/or franchise s hav e 
b oon acquired ao horeinboforo provided, the Dir e ctor of 
Th e D e partm e nt of Publio Work s of Baltimor e City i s 
hereby authorised and directed to conotruct or cauoo to bo 
conotructod tho oaid Waterview Avenue Connector Project, 
all in accordance with dotailod piano hereafter to bo pre - 
pared therefore and after oaid piano have boon approved 
by the oaid Director of Tho Department of Public Worko. 

' Sdo. 6 . — And be it fu r the r o r dained, That thio Ordinance 
s hall tako offoot from the dato of ito paooago. 

LAND ACQUISITION 

FOR THE PURPOSE OF AUTHORIZING THE ACQUISI- 
TION BY PURCHASE OR CONDEMNATION BY THE 
MAYOR AND CITY COUNCIL OF BALTIMORE OF THE 
FEE SIMPLE INTERESTS OR SUCH OTHER IN- 
TERESTS AS MAY BE NECESSARY OR SUFFICIENT, 
IN AND TO CERTAIN PIECES OR PARCELS OF LAND 
SITUATE IN BALTIMORE CITY, FOR HIGHWAY AND 
OTHER MUNICIPAL PURPOSES, IN THE VICINITY OF 



386 ORDINANCES Ord. No. 941 

CHERRY HILL ROAD EXTENDING FROM POTEE 
STREET, EASTERLY TO HANOVER STREET AND 
AUTHORIZING THE ACQUISITION BY PURCHASE OR 
CONDEMNATION OF ANY PROPERTY, RIGHTS, IN- 
TERESTS, EASEMENTS AND/OR FRANCHISES 
NECESSARY; THE LOCATION AND COURSE OF SAID 
PIECES OR PARCELS OF LAND BEING SHOWN ON A 
PLAT THEREOF NUMBERED 341-A-17, PREPARED BY 
THE SURVEYS AND RECORDS DIVISION AND FILED 
IN THE OFFICE OF THE DIRECTOR OF THE DEPART- 
MENT OF PUBLIC WORKS ON THE TWENTY-THIRD 
(23RD) DAY OF JULY, 1982. 

BY AUTHORITY OF 
ARTICLE I -GENERAL PROVISIONS 
SECTION -4 

ARTICLE II -GENERAL PROVISIONS 
SECTION -2 

BALTIMORE CITY CHARTER (1964 REVISION, AS 
AMENDED) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, THAT IT IS NECESSARY 
TO ACQUIRE BY PURCHASE OR CONDEMNATION FOR 
PUBLIC HIGHWAY AND OTHER MUNICIPAL PURPOSES, 
THE FEE SIMPLE INTERESTS OR SUCH OTHER IN- 
TERESTS AS MAY BE NECESSARY, IN AND TO THE 
PIECES OR PARCELS OF LAND, SITUATE IN 
BALTIMORE CITY, INCLUDING THE IMPROVEMENTS 
THEREON, BOUNDED AS FOLLOWS: 

BEGINNING FOR THE SAME AT THE POINT FORMED 
BY THE INTERSECTION OF THE NORTHWEST SIDE OF 
CHERRY HILL ROAD, 64 FEET WIDE, AND THE NORTH- 
EAST SIDE OF POTEE STREET, VARYING IN WIDTH, 
AND RUNNING THENCE BINDING ON THE NORTHEAST 
SIDE OF SAID POTEE STREET AND ON THE EAST SIDE 
OF POTEE STREET (EAST DRIVE), AS NOW LAID OUT, 
BY A LINE CURVING TO THE RIGHT WITH A RADIUS OF 
800.00 FEET THE DISTANCE OF 409.20 FEET WHICH ARC 
IS SUBTENDED BY A CHORD BEARING NORTH 
17°-32'-40.4" WEST 404.76 FEET; THENCE FOR A NEW 
LINE OF DIVISION THROUGH THE PROPERTY NOW OR 
FORMERLY OWNED BY THE MARY AND DANIEL 
LOUGHRAN FOUNDATION, INC., ET AL, BY A LINE 



ORDINANCES 387 

CURVING TO THE LEFT WITH A RADIUS OF 308.00 FEET 
THE DISTANCE OF 3.26 FEET WHICH ARC IS SUB- 
TENDED BY A CHORD BEARING SOUTH 79°-13'-30.5" 
EAST 3.26 FEET TO INTERSECT THE LAST LINE OF THE 
PARCEL OF LAND LEASED FROM MARY 0. MCCOR- 
MICK, WIDOW, ET AL, TO PAUL BROTHERS, INC. BY 
LEASE DATED DECEMBER 24, 1953 AND RECORDED 
AMONG THE LAND RECORDS OF BALTIMORE CITY IN 
LIBER M.L.P. NO. 9442, FOLIO 102; THENCE BINDING ON 
PART OF THE LAST LINE OF SAID LEASE, TO THE END 
THEREOF, NORTH 61°-45'-30" EAST 163.31 FEET TO IN- 
TERSECT THE SOUTHWEST SIDE OF HANOVER 
STREET, VARYING IN WIDTH; THENCE BINDING ON 
THE SOUTHWEST SIDE OF SAID HANOVER STREET 
THE FOUR FOLLOWING COURSES AND DISTANCES; 
NAMELY, SOUTH 26°-18'-25" EAST 15.77 FEET, BY A LINE 
CURVING TO THE LEFT WITH A RADIUS OF 867.55 FEET 
THE DISTANCE OF 226.89 FEET WHICH ARC IS 
SUBTENDED BY A CHORD BEARING SOUTH 33°-47'-57" 
EAST 226.24 FEET, BY A LINE CURVING TO THE RIGHT 
WITH A RADIUS OF 924.71 FEET THE DISTANCE OF 
133.19 FEET WHICH ARC IS SUBTENDED BY A CHORD 
BEARING SOUTH 37°-09'-54.5" EAST 133.07 FEET AND 
SOUTH 33°-02'-20" EAST 19.50 FEET TO INTERSECT THE 
NORTHWEST SIDE OF SAID CHERRY HILL ROAD, AND 
THENCE BINDING ON THE NORTHWEST SIDE OF SAID 
CHERRY HILL ROAD, SOUTH 60°-59'-00" WEST 284.64 
FEET TO THE PLACE OF BEGINNING. 

CONTAINING 93,662.35 SQUARE FEET OR 2.1502 
ACRES OF LAND, MORE OR LESS. 

ALL COURSES AND DISTANCES IN THE ABOVE 
DESCRIPTION ARE REFERRED TO THE TRUE MERI- 
DIAN AS ADOPTED BY THE BALTIMORE SURVEY CON- 
TROL SYSTEM. 

INCLUDING ALL PROPERTY, RIGHTS, INTERESTS, 
EASEMENTS AND/OR FRANCHISES NECESSARY. THE 
METES AND BOUNDS OF SAID PIECES OR PARCELS BE- 
ING SHOWN ON A PLAT THEREOF NUMBERED 341-A-17 
PREPARED BY THE SURVEYS AND RECORDS DIVISION 
AND FILED IN THE OFFICE OF THE DIRECTOR OF THE 
DEPARTMENT OF PUBLIC WORKS ON THE TWENTY- 
THIRD (23RD) DAY OF JULY, 1982. 



388 ORDINANCES Ord. No. 941 

ANY MENTION OR REFERENCE TO ANY STREETS, 
ROADS, AVENUES, HIGHWAYS OR ALLEYS IN THIS OR- 
DINANCE OR ON THE PLAT REFERRED TO HEREIN 
ARE FOR THE PURPOSE OF DESCRIPTION ONLY, AND 
SHALL NOT BE HELD OR TAKEN TO BE ANY EVIDENCE 
WHATEVER THAT SAID STREETS, ROADS, AVENUES, 
HIGHWAYS, ALLEYS OR ANY OF THEM, ARE PUBLIC, 
DEDICATED OR PRIVATE THOROUGHFARES. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT THE 
DEPARTMENT OF REAL ESTATE OF BALTIMORE CITY 
OR THE PERSON OR PERSONS THE BOARD OF 
ESTIMATES OF BALTIMORE CITY MAY HEREAFTER 
FROM TIME TO TIME DESIGNATE, IS OR ARE HEREBY 
AUTHORIZED TO ACQUIRE ON BEHALF OF THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, AND FOR THE 
PURPOSES DESCRIBED IN THIS ORDINANCE, THE FEE 
SIMPLE INTERESTS OR SUCH OTHER INTERESTS AS 
MAY BE NECESSARY OR SUFFICIENT, IN AND TO SAID 
PIECES OR PARCELS OF LAND AND IMPROVEMENTS 
THEREUPON, INCLUDING ALL PROPERTY, RIGHTS, IN- 
TERESTS, EASEMENTS AND/OR FRANCHISES 
NECESSARY. IF THE DEPARTMENT OF REAL ESTATE, 
OR PERSON OR PERSONS THE BOARD OF ESTIMATES 
OF BALTIMORE CITY MAY DESIGNATE ARE UNABLE 
TO AGREE WITH THE OWNER OR OWNERS ON THE 
PURCHASE PRICE OF ANY OF THE SAID PIECES OR 
PARCELS OF LAND AND IMPROVEMENTS THEREUPON 
OR FOR ANY OF THE SAID PROPERTIES, RIGHTS, IN- 
TERESTS, EASEMENTS AND/OR FRANCHISES, THEY 
SHALL FORTHWITH NOTIFY THE CITY SOLICITOR OF 
BALTIMORE CITY WHO SHALL THEREUPON IN- 
STITUTE IN THE NAME OF THE MAYOR AND CITY 
COUNCIL OF BALTIMORE THE NECESSARY LEGAL 
PROCEEDINGS TO ACQUIRE BY CONDEMNATION THE 
FEE SIMPLE INTERESTS OR SUCH OTHER RIGHTS, IN- 
TERESTS, EASEMENTS AND/OR FRANCHISES IN AND 
TO SAID PIECES OR PARCELS OF LAND HEREIN 
DESCRIBED. 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT THE 
PROCEEDINGS FOR THE ACQUISITION BY CONDEMNA- 
TION OF THE PROPERTY AND RIGHTS HEREIN 
DESCRIBED AND THE RIGHTS OF ALL PARTIES IN- 
TERESTED OR AFFECTED THEREBY SHALL BE 



ORDINANCES 389 

REGULATED BY AND BE IN ACCORDANCE WITH THE 
PROVISIONS OF THE REAL PROPERTY ARTICLE OF 
THE ANNOTATED CODE OF MARYLAND (1974), TITLE 12, 
SECTION 101 ET SEQ. AND ANY AND ALL AMEND- 
MENTS THERETO. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT THE 
DEPARTMENT OF REAL ESTATE OR PERSON OR PER- 
SONS THE BOARD OF ESTIMATES OF BALTIMORE CITY 
MAY DESIGNATE ARE ALSO HEREBY AUTHORIZED TO 
NEGOTIATE FOR AND TO ENTER INTO IN THE NAME OF 
THE MAYOR AND CITY COUNCIL OF BALTIMORE, ANY 
AND ALL NECESSARY AGREEMENTS WITH THE 
FEDERAL AND STATE GOVERNMENTS, OR ANY OF 
THEIR AGENCIES, AND ANY OTHER PERSONS, FIRMS 
OR CORPORATIONS, IN AID OF, IN FURTHERANCE OF, 
ALL SUCH ACQUISITIONS AND AGREEMENTS TO BE 
SUBJECT TO THE APPROVAL OF THE BOARD OF 
ESTIMATES. 

SEC. 5. AND BE IT FURTHER ORDAINED, THAT THIS 
ORDINANCE SHALL TAKE EFFECT FROM THE DATE OF 
ITS PASSAGE. 

Approved May 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 942 

(Council No. 1426) 

AN ORDINANCE concerning 

ZONING -APPROVAL FOR CONDITIONAL USE 
WORK RELEASE CENTER 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a work release center on the 
property located at 729-731 Graves Street, as outlined in red 
on the plats accompanying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 7.2-lcc and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 



390 ORDINANCES Orel. No. 943 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is hereby granted to Eager Work 
Release Center for the establishment, maintenance and opera- 
tion of a work release center on the property located at 729-731 
Graves Street, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 7.2-lcc and 11.0-6d 
of Article 30 (Baltimore City Code, 1976 Edition, as amended), 
title "Zoning". 

SEC. 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of 
the plat which is part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Direc- 
tor of Finance shall then transmit a copy of the ordinance and 
one of the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development and 
the Zoning Administrator. 

SEC. 3. And be it further ordained, That this ordinance shall 
take effect thirty days from the date of its passage. 

Approved May 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 943 
(Council No. 1504) 

AN ORDINANCE concerning 

CITY STREET-CLOSING A PORTION OF HOPKINS 

PLACE WITHIN THE INNER HARBOR WEST URBAN 

RENEWAL PROJECT 

FOR the purpose of condemning and closing a portion of 
Hopkins Place and extending from Lombard Street, Southerly 
201 feet, more or less, and lying within the area of the Inner 
Harbor West Urban Renewal Project in accordance with a plat 
thereof numbered 305-B-2F, prepared by the Surveys and 
Records Division and filed in the Office of the Department of 
Public Works, on the First (1st) day February, 1983. 



ORDINANCES 391 

BY authority of 
Article I -General Provisions 
Section -4 

Article II -General Provisions 
Sections-2, 34, 35 
Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works be, and they 
are hereby authorized and directed to condemn and close a por- 
tion of Hopkins Place and extending from Lombard Street, 
Southerly 201 feet, more or less, and lying within the area of the 
Inner Harbor West Urban Renewal Project the portion of street 
hereby directed to be condemned for said closing being de- 
scribed as follows: 

Beginning for the same at the point formed by the intersec- 
tion of the west side of Hopkins Place, varying in width, and 
the south side of Lombard Street, as now laid out, and running 
thence binding on the south side of said Lombard Street, 
North 88°-08'-50" East 13.00 feet to intersect the west side of 
Hopkins Place, as realigned to a varying width; thence binding 
on the west side of last said Hopkins Place, South 02°-52'-51" 
East 23.45 feet to the west side of Hopkins Place, as realigned 
to a width of 43 feet; thence binding on the west side of last 
said Hopkins Place, by a line curving to the right with a radius 
of 467.17 feet the distance of 156.00 feet which arc is sub- 
tended by a chord bearing South 06°-41'-07" West 155.28 feet 
to the northwest side of Hopkins Place, as realigned to a vary- 
ing width; thence binding on the northwest side of last said 
Hopkins Place, South 29° -27-58" West 47.64 feet to the west 
side of Hopkins Place, 56 feet wide; thence binding on the west 
side of last said Hopkins Place the two following courses and 
distances; namely, by a line curving to the right with a radius 
of 510.17 feet the distance of 46. 45 feet which arc is subtended 
by a chord bearing North 13°-38'-35.5" East 46.43 feet and by 
a line curving to the left with a radius of 454.17 feet the 
distance of 151.66 feet which arc is subtended by a chord bear- 
ing North 06°-41'-07" East 150.95 feet to the west side of 
Hopkins Place, varying in width, and thence binding on the 
west side of last said Hopkins Place, North 02°-52'-51" West 
23.69 feet to the place of beginning. 

the said portion of Hopkins Place as directed to be condemned 
being delineated and particularly shown on a plat numbered 
305-B-2F which was filed in the Office of the Department of 



392 ORDINANCES Ord. No. 943 

Public Works on the First (1st) day of February, in the year 
1983, and is now on file in said Office. 

SEC. 2. And be it further ordained, That after said highway or 
highways shall have been closed under the provisions of this Or- 
dinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, shall be and 
continue to be the property of the Mayor and City Council of 
Baltimore, in fee simple, until the use thereof shall be abandoned 
by the Mayor and City Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to remove, alter 
or interfere therewith, such person, firm or corporation shall 
first obtain permission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges of 
every kind and nature made necessary by such removal, altera- 
tion or interference. 

Sec. 3. And be it further ordained, That no buildings or struc- 
tures of any kind shall be constructed or erected in said portion 
of said highway or highways after the same shall have been 
closed under the provisions of this Ordinance until the subsur- 
face structures and appurtenances now owned by the Mayor and 
City Council of Baltimore, over which said buildings or struc- 
tures are proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in accordance 
with the specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of the per- 
son or persons or body corporate desiring to erect such buildings 
or structures. Railroad tracks shall be taken to be "structures" 
within the meaning of this section. 

SEC. A. And be it further ordained, That after said highway or 
highways shall have been closed under the provisions of this Or- 
dinance, all subsurface structures and appurtenances owned by 
any person, firm or corporatior , other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. And be it further ordained, That on and after the clos- 
ing of said highway or highways, the said Mayor and City Coun- 
cil of Baltimore, acting through its duly authorized represent- 
atives, shall, at all times, have access to said property and to all 
subsurface structures and appurtenances used by it therein, for 
the purpose of inspection, maintenance, repair, alteration, 



ORDINANCES 393 

relocation and/or replacement, of any or all of said structures 
and appurtenances, and this without permission from or com- 
pensation to the owner or owners of said land. 

SEC. 6. And be it further ordained, That the proceedings of 
said Department of Public Works with reference to the condem- 
nation and closing of said portion of Hopkins Place and the pro- 
ceedings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and all ap- 
plicable provisions of Article 4 of the Code of Public Local Laws 
of Maryland and the Charter of Baltimore City (1964 Revision) 
as amended to July 1, 1973 and any and all amendments thereto, 
and any and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 7. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved May 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 944 
(Council No. 1512) 
AN ORDINANCE concerning 
CONDOMINIUMS -INCOME LIMITS FOR ELIGIBILITY 

FOR the purpose of complying with the Maryland Condominium 
Act requirement of establishing an income eligibility limit for 
designated households seeking an extended lease. 

BY adding to 
Article 13 -Housing and Urban Renewal 
Subtitle - Condominiums 
Section 66 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That section(s) of the Baltimore City Code be added, 
repealed or amended to read as follows: 



394 ORDINANCES Ord. No. 945 

ARTICLE 13 -HOUSING AND URBAN RENEWAL 

Condominiums 

66. Extended lease benefits; income eligibility. 

Effective July 1, 1983 the income eligibility figure applicable to 
designated households seeking an extended lease under the provi- 
sions of this subtitle and of Section 11-137 of Title 11, the 
Maryland Condominium Act, of the Real Property Article, An- 
notated Code of Maryland, shall be the income eligibility figure 
prepared annually by the Secretary of State for the Baltimore 
Standard Metropolitan Statistical Area. 

The provisions of this section shall apply throughout the city, 
whether the dwelling is within or without a designated area as 
defined in Section 61 above. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect July 1, 1983. 

Approved May 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 945 
(Council No. 1556) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS 
(COURT SQUARE ASSOCIATES PROJECT) 

FOR the purpose of (a) authorizing and empowering Mayor and 
City Council of Baltimore to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
"the City and not upon its full faith and credit, its revenue 
bonds in an aggregate principal amount not exceeding 
$2,500,000 pursuant to the provisions of Article II, subsection 
(50) of the Charter of Baltimore City (1964 Revision), as 
amended, and to lend the proceeds of such bonds to Court 
Square Associates, a Maryland general partnership, for the 
purpose of financing the costs of the completion by Court 



ORDINANCES 395 

Square Associates of a certain project consisting of the ac- 
quisition of the real property now known as Nos. 200-204 East 
Lexington Street, in the City of Baltimore, Maryland (in- 
cluding the existing improvements thereon), the renovation of 
certain improvements thereon, and the purchase and installa- 
tion of certain machinery and equipment therein, to be owned 
by Court Square Associates and leased to many tenants for 
use as business and professional office facilities; (b) making 
certain legislative findings; (c) authorizing and empowering 
the City's Board of Finance by one or more resolutions to effec- 
tuate the issuance, sale and delivery of any series of such bonds, 
(d) authorizing the issuance of notes in anticipation of the is- 
suance of such bonds; and (e) generally providing for and deter- 
mining various matters and details in connection with the is- 
suance and sale of such bonds and bond anticipation notes. 

RECITALS 

Article II, subsection (50) of the Charter of Baltimore City 
(1964 Revision), as amended (hereinafter referred to as "the 
Enabling Law"), empowers Mayor and City Council of Baltimore 
(herein referred to as "the City") to borrow money to finance 
undertakings for the accomplishment of any of the purposes, ob- 
jects and powers of the City and in connection therewith to issue 
bonds, notes or other obligations (including refunding bonds, 
notes or other obligations), all of which shall be fully negotiable 
and payable, as to both principal and interest, solely from and 
secured solely by a pledge of any one or more of (a) the revenues 
from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken 
by the issuance of such bonds, notes or other obligations, (b) the 
revenues from or arising in connection with any contracts, mort- 
gages or other securities, purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, or (c) the 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obliga- 
tions. The purposes, objects and powers of the City con- 
templated by the Enabling Law include the relief of conditions 
of unemployment in the City of Baltimore, Maryland, encourag- 
ing the increase of industry and a balanced economy therein, 
promoting economic development therein, and promoting the 
health, welfare and safety of the residents thereof. 

The City has received a letter of intent dated March 15, 1983 
(hereinafter referred to as "the Letter of Intent") from Court 
Square Associates, a general partnership organized and existing 



396 ORDINANCES Ord. No. 945 

under the law of Maryland (hereinafter referred to as "the Bor- 
rower"), pursuant to which the Borrower has requested the City 
to participate in financing the costs of a certain project in 
Baltimore, Maryland (hereinafter referred to as "the Project"), 
by issuing and selling the City's revenue bonds in an aggregate 
principal sum not exceeding $2,500,000 (hereinafter referred to 
as "the Bonds"), and by making the proceeds of the Bonds 
available to the Borrower to be used by it for the purpose of 
financing the costs of completion of the Project. 

The Project will consist generally of (a) the acquisition of a 
tract of land located at Calvert and Lexington Streets, in the 
City of Baltimore, Maryland, and now known as Nos. 200-204 
East Lexington Street, containing approximately seven thou- 
sand two hundred (7,200) square feet and the existing im- 
provements thereon (consisting of a seventeen-story building 
containing approximately one hundred thousand (100,000) gross 
square feet), (b) the renovation of such existing improvements 
for use as business and professional office facilities, (c) the ac- 
quisition, construction and installation in such improvements of 
such machinery and equipment, and such other improvements, 
as may be necessary or useful in connection with the operation 
thereof, and (d) the acquisition of such other interests in land (in- 
cluding, by way of example rather than of limitation, roads, 
rights of access, utilities and other necessary site preparation 
facilities) as may be necessary or suitable for the foregoing pur- 
poses. Upon its completion, the Project will be owned by the 
Borrower and leased to many tenants for use as business and 
professional office facilities. 

The Enabling Law provides that the City may authorize and 
empower the City's Board of Finance (herein referred to as "the 
Board") by resolution to determine and set forth the form, 
terms, provisions, manner or method of issuing and selling the 
Bonds (including one or more negotiated or competitive bid 
sales), the time or times of their issuance, and any and all other 
details of the Bonds and the issuance and sale thereof, and to do 
any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW, THEREFORE, IN ACCORDANCE WITH THE 
PROVISIONS OF THE ENABLING LAW, 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, acting pursuant to the provisions of the En- 
abling Law, it is hereby found and determined that: 






ORDINANCES 397 

1.1. The City's issuance and sale of the Bonds pursuant to the 
provisions of the Enabling Law in order to make the proceeds 
thereof available to the Borrower for the purpose of financing 
the costs of completion of the Project will facilitate and expedite 
such completion; 

1.2. The Borrower's completion of the Project and the financ- 
ing of the costs thereof as provided in this Ordinance will serve 
to promote the general purposes contemplated by the Enabling 
Law by (a) sustaining and increasing jobs and employment in the 
City of Baltimore, (b) promoting economic development therein, 
(c) encouraging the increase of industry and a balanced economy 
therein; and (d) promoting the health, welfare and safety of the 
residents thereof; 

1.3. The Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the tax- 
ing power of the City, and shall not constitute a debt of the City, 
all within the meaning of Section 7 of Article XI of the Constitu- 
tion of Maryland or within the meaning of any other constitu- 
tional, statutory or charter provision limiting or restricting the 
sale or issuance of the bonds, notes or other obligations of the 
City. The Bonds shall be limited obligations of the City, shall be 
fully negotiable, and shall be payable, as to both principal and in- 
terest, solely from and secured solely by a pledge of any one or 
more of (a) the revenues from or arising in connection with the 
Project, (b) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, and (c) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, all as the Board may approve by 
one or more resolutions adopted before the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds in an aggregate principal sum not 
exceeding $2,500,000, subject to the provisions of "this 
Ordinance. The proceeds of the Bonds shall be made available to 
the Borrower under terms and conditions approved by the 
Board and set forth in a resolution, and shall be used by the Bor- 
rower for the purpose of financing the costs of the completion of 
the Project. 



398 ORDINANCES Ord. No. 945 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the present intent of the City to issue the Bonds, and 
shall also constitute acceptance of the Letter of Intent by the 
City as additional evidence of the City's present intent to issue 
the Bonds in accordance with the provisions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board is hereby authorized and empowered, 
by one or more resolutions adopted before the issuance, sale and 
delivery of any of the Bonds, to 

4.1. prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling the 
Bonds (including one or more negotiated or competitive bid 
sales), the time or times of their issuance, and any and all other 
details of any of the Bonds and the issuance and sale thereof; 

4.2. approve (a) the City's pledge or assignment of any of the 
security described in the provisions of Section 6 hereof, pur- 
suant to a trust agreement or similar agreement, (b) the form of 
any such trust agreement or similar agreement, as provided in 
the Enabling Law, and (c) such provisions in any such trust 
agreement or similar agreement as the Board may deem 
reasonable and proper for the security of the holders of the 
Bonds; 

4.3. approve the terms and conditions, including but not 
limited to the terms and conditions of any documents to be ex- 
ecuted and delivered by the City (other than customary financ- 
ing statements and closing certificates), under which the pro- 
ceeds of the Bonds will be made available to the Borrower to 
finance the costs of the Project; and 

4.4. do any and all things necessary, proper or expedient in 
connection with the issuance, sale and delivery of the Bonds. 

SEC. 5. And be it further ordained, That the Board is hereby 
authorized and empowered to adopt one or more resolutions 
from time to time, either before or after the issuance, sale and 
delivery of the Bonds, to supplement the resolution or resolu- 
tions referred to in the provisions of Sections 4 and 8 hereof, and 
thereby to approve amendments or supplements to or 
substitutes for the forms and provisions of the Bonds, such trust 
agreement or similar agreement and all other documents ap- 
proved by such resolution or resolutions, provided that each such 
supplemental resolution and each such amendment, supplement 



ORDINANCES 399 

or substitute shall be in accordance with the provisions of the 
Enabling Law and this Ordinance. 

SEC. 6. And be it further ordained, That the Bonds shall not be 
general obligations of the City, shall not be a pledge of or involve 
the City's faith and credit or taxing power, and shall not con- 
stitute a debt of the City, all within the meaning of the provi- 
sions of Article XI, section 7 of the Constitution of Maryland or 
any other constitutional, statutory or charter provision limiting 
or restricting the sale or issuance of the City's bonds, notes or 
other obligations. The Bonds shall be limited obligations of the 
City, shall be fully negotiable, and shall be payable, as to both 
principal and interest, solely from and secured solely by a pledge 
of any one or more of (a) the revenues from or arising in connec- 
tion with the Project, (b) the revenues from or arising in connec- 
tion with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, or 
(c) the contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of the Bonds, all as the 
Board may approve by one or more resolutions adopted before 
the issuance, sale and delivery of any of the Bonds. 

SEC. 7. And be it further ordained, That the Bonds shall be ex- 
ecuted in the City's name and on its behalf by the Mayor, by his 
manual or facsimile signature, and by the City's Director of 
Finance, by his manual or facsimile signature, and the City's cor- 
porate seal or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the City 
Seal, by his manual signature. The trust agreement or similar 
agreement and all other documents approved by the resolution 
or resolutions referred to in the provisions of Sections 4 and 8 
hereof, and any and all amendments thereto approved by a 
resolution referred to in the provisions of Section 5 hereof, shall 
be executed in the City's name and on its behalf by the Mayor by 
his manual signature, and the City's corporate seal or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal, by his manual 
signature. In case any officer whose signature or a facsimile 
thereof shall appear on the Bonds or any of the said documents 
shall cease to be such officer before the delivery of the Bonds or 
any other such document, such signature or such facsimile shall 
nevertheless be valid and sufficient for all purposes, as if such of- 
ficer had remained in office until delivery. The Mayor, the City's 
Director of Finance, the Custodian of the City Seal and other of- 



400 ORDINANCES Ord. No. 945 

ficials of the City are hereby authorized and empowered to do all 
such acts and things and execute such documents and cer- 
tificates as the Board may determine in the resolutions referred 
to in the provisions of Sections 4, 5 and 8 hereof to be necessary 
to carry out and comply with the provisions hereof. 

SEC. 8. And be it further ordained, That the authority to issue 
the Bonds is intended and shall be deemed to include the authori- 
ty to issue bond anticipation notes pursuant to the provisions of 
article 31, section 12 of the Annotated Code of Maryland (1976 
Replacement Volume and 1982 Cumulative Supplement), as 
amended (hereinafter referred to as "the Note Enabling Law"). 
Reference in this Ordinance to the Bonds shall include such bond 
anticipation notes where appropriate. As permitted by the 
provisions of the Enabling Law and the Note Enabling Law, the 
Board is hereby authorized and empowered, by one or more 
resolutions adopted before the issuance, sale and delivery of any 
of such bond anticipation notes, to 

8.1. prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling any 
such bond anticipation notes (including one or more negotiated 
or competitive bid sales), the time or times of their issuance, and 
any and all other details of such bond anticipation notes and 
their issuance and sale; 

8.2. approve (a) the City's pledge or assignment of any of the 
security described in the provisions of Section 6 hereof, pur- 
suant to a trust agreement or similar agreement, (b) the form of 
any such trust agreement or similar agreement, as provided in 
the Enabling Law or the Note Enabling Law, and (c) such provi- 
sions in any such trust agreement or similar agreement as the 
Board may deem reasonable and proper for the security of the 
holders of such bond anticipation notes; 

8.3. approve the terms and conditions, including but not 
limited to the terms and conditions of any documents to be ex- 
ecuted and delivered by the City (other than customary financ- 
ing statements and closing certificates), under which the pro- 
ceeds of such bond anticipation notes will be made available to 
the Borrower to finance the costs of the completion of the 
Project; and 

8.4. do any and all things necessary, proper or expedient in 
connection with the issuance, sale and delivery of such bond an- 
ticipation notes. 



ORDINANCES 401 

In accordance with the Note Enabling Law, the City hereby 
covenants (a) to pay any bond anticipation notes issued pursuant 
to the provisions of this Section, and the interest thereon, from 
the proceeds of the Bonds in anticipation of the sale of which 
such notes are issued, and (b) to issue such Bonds when, and as 
soon as, the reason for deferring the issuance of the Bonds no 
longer exists. The timely issuance of such Bonds, however, is 
dependent upon matters not within the City's control, including 
(without limitation) the existence of a purchaser or purchasers of 
such Bonds when the reason for deferring the issuance of the 
Bonds no longer exists, and the effectiveness of various actions 
taken by the Borrower, its officers, agents and employees. 

SEC. 9. And be it further ordained, That the Borrower shall 
agree that 

9.1. it will submit any plans and specifications for the Project 
to the City's Department of Housing and Community Develop- 
ment for approval, and that such Department may refuse ap- 
proval of any such plans and specifications for aesthetic or func- 
tional reasons; and 

9.2. it and its developers will work with the design advisory 
group appointed by such Department to achieve high quality 
site, building and landscape design. 

SEC. 10. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstance, such illegality, in- 
validity, unconstitutionality or inapplicability shall not affect or 
impair any of the remaining provisions, sentences, clauses, sec- 
tions or parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such illegal, 
invalid or unconstitutional provision, sentence, clause, section or 
part had not been included herein, and if the person or cir- 
cumstances to which this Ordinance or any part hereof is inap- 
plicable had been specifically exempted herefrom. 

Sec. 11. And be it further ordained, That either the Bonds or 
any bond anticipation notes issued pursuant to the provisions of 
Section 8 hereof must be issued and sold within six (6) months 
from the date on which this Ordinance is approved by the Mayor; 
provided, that the Board, after a showing of good cause at a 



402 ORDINANCES Ord. No. 946 

public hearing held before the Board before or after the expira- 
tion of such six-month period, may extend the period during 
which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not exceeding six (6) 
months from the date on which the first six-month period ex- 
pires. The Board, in its sole discretion and without action by the 
City Council of the City, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of 
such six-month period. If an extension is granted, notice of such 
extension and the reasons therefor must be sent to the City 
Council of the City. To the extent that neither the Bonds nor 
such bond anticipation notes are issued and sold within twelve 
(12) months from the date on which this Ordinance is approved 
by the Mayor, the authority provided in this Ordinance for the 
City to issue and sell the Bonds and such bond anticipation notes 
shall expire. 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved May 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 946 
(Council No. 1559) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS -HECHINGER COMPANY 

FOR the purpose of authorizing and providing for the issuance, 
sale and delivery by Mayor and City Council of Baltimore (the 
"City") of its industrial development revenue bonds, at any 
time or from time to time and in one or more series, in an ag- 
gregate principal amount not to exceed $1,500,000 pursuant 
to the provisions of the Maryland Economic Development 
Revenue Bond Act, codified at Sections 266A through 266-1, 
inclusive, of Article 41 of the Annotated Code of Maryland 
(1982 Cumulative Supplement) in order to lend the proceeds 
thereof to Hechinger Company for the purpose of financing 



ORDINANCES 403 

the renovation, improvement and/or equipping of a certain 
retail building, known as the Northwood Shopping Center 
Hecht Company store located in the City; to authorize the ac- 
ceptance of a letter of intent as evidence of the present intent 
of the City to issue such revenue bonds; making certain 
legislative findings, among others, that the acquisition of such 
facility and the financing of the costs thereof as provided in 
this Ordinance will serve to promote the general purposes con- 
templated by such act by (a) sustaining jobs and employment 
in Baltimore City; (b) promoting economic development in 
Baltimore City; and (c) encouraging the increase of industry 
and a balanced economy in Baltimore City; authorizing the 
Board of Finance of the City to prescribe certain details of 
such revenue bonds and do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
such revenue bonds; authorizing the issuance of notes in an- 
ticipation of the issuance of such revenue bonds; and generally 
providing for and determining various matters and details in 
connection with the issuance and sale of such revenue bonds 
and bond anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, 
codified at Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1982 Cumulative Supplement) 
(the "Act"), empowers the counties and municipalities of the 
State of Maryland to borrow money by issuing revenue bonds 
for the purpose of financing the cost of acquiring, constructing, 
reconstructing, extending, improving, rehabilitating, or 
remodeling any "facility" or "facilities" (defined in the Act). 
Among the declared legislative purposes of the Act are the relief 
of conditions of unemployment in the State of Maryland (the 
"State"), the encouragement of the increase of industry and com- 
merce and a balanced economy in the State, the promotion of 
economic development, and the promotion of the health, welfare 
and safety of the residents of each of the counties and 
municipalities of the State. 

On March 8, 1983, Hechinger Company submitted a letter of 
intent to the City requesting the City to issue and sell its in- 
dustrial development revenue bonds in an aggregate principal 
amount not exceeding $1,500,000 and to loan the proceeds of the 
sale of such revenue bonds to Hechinger Company (the "Bor- 



404 ORDINANCES Ord. No. 946 

rower") for the purpose of the renovation, improvement and/or 
equipping of certain retail facilities located in the City of 
Baltimore, including (1) the renovation of improvements located 
at 1600 Havenwood Road, in the Northwood Shopping Center 
now known as the Hecht Company store (hereinafter, the 
"Facilities" or the "Building"); (2) the acquisition of machinery 
and equipment and other useful improvements located in such 
building; and (3) the acquisition of such other interests in land as 
may be necessary or suitable for the foregoing, including roads 
and rights of access, utilities and other necessary site prepara- 
tion. The Borrower recognizes that such revenue bonds are 
limited obligations of the City and are not to be issued upon the 
City's full faith and credit or taxing powers. The City has deter- 
mined to authorize the issuance of such revenue bonds. 

SECTION. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, acting pursuant to the Act, it is hereby found 
and determined as follows: 

(a) The City intends to issue and sell, at any time or from time 
to time and in one or more series, its revenue bonds or notes in 
anticipation of such revenue bonds authorized by the Act in an 
aggregate principal amount not to exceed $1,500,000 (the 
"Bonds"), in order to lend the proceeds thereof to the Borrower, 
for the purpose of financing the acquisition of the Facilities. The 
term "acquisition" shall have the meaning prescribed in the Act 
and shall include acquisition, construction, reconstruction, ex- 
tension, improving, rehabilitation and remodeling. 

(b) The Facilities constitute a "facility" within the meaning of 
the Act. The Borrower constitutes a "facility applicant" and a 
"facility user" within the meaning of the Act, as evidenced by a 
letter dated March 8, 1983 (the "Letter of Intent"), in which 
Hechinger Company proposed the contemplated transactions to 
the City. 

(c) The issuance, sale and delivery of the Bonds will promote 
and expedite the acquisition of the Facilities. The accomplish- 
ment of the transactions contemplated and authorized by this 
Ordinance, including (without limitation) the acquisition of the 
Facilities and the financing thereof, shall promote the declared 
legislative purposes of the Act by sustaining jobs and employ- 
ment in the City, promoting economic development in the City, 
and encouraging the increase of industry and a balanced 
economy in the City. 



ORDINANCES 405 

(d) The principal of, premium, if any, and interest on the 
Bonds shall never constitute an indebtedness or a charge against 
the full faith and credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statutory 
limitation and shall never constitute or give rise to any 
pecuniary liability of the City. The Bonds shall be limited obliga- 
tions of the City, the principal of, premium, if any, and interest 
on which shall be payable solely from the revenues received in 
connection with the financing of the Facilities and from any 
other moneys made available to the City for such purpose. 

(e) Neither the proceeds of the Bonds of any series nor the pay- 
ment of the principal of and premium, if any, and interest on the 
Bonds of any series will be commingled with the City's funds or 
will be subject to the absolute control of the City, but will be sub- 
ject only to such limited supervision and checks as are deemed 
necessary or desirable to insure that the proceeds of the Bonds 
of any series are used to accomplish the public purposes of the 
Act and this Ordinance. 

SEC. 2. And be it further ordained, That the Mayor of the City 
is hereby authorized to accept, on behalf of the City, the Letter 
of Intent to evidence the City's intent to issue the Bonds as pro- 
vided in this Ordinance. The City contemplates that the Bor- 
rower may proceed with the acquisition of the Facilities prior to 
the issuance of the Bonds. 

SEC. 3. And be it further ordained, That the City is hereby 
authorized to issue, sell and deliver the Bonds, at any time or 
from time to time and in one or more series, or notes in anticipa- 
tion of the Bonds, in an aggregate principal amount not to ex- 
ceed ONE MILLION FIVE HUNDRED THOUSAND 
DOLLARS ($1,500,000), in order to lend the proceeds thereof 
(the "Loan"), to the Borrower for the purpose of financing the 
acquisition of the Facilities, including (without limitation) the ex- 
penses of preparing, printing, selling and issuing the Bonds, the 
funding of any reserves in connection with the Bonds, and the 
payment of interest with respect to the financing of the acquisi- 
tion of the Facilities by the Bonds for a period to be determined 
by the Board of Finance by resolution, order or otherwise but 
not to exceed thirty years from the date of issuance of the 
Bonds, and other costs permitted by the Act. The principal of, 
premium, if any, and interest on the Bonds shall be payable sole- 
ly from the revenues to be received in connection with the fi- 
nancing of the Facilities and from any other moneys made 



406 ORDINANCES Ord. No. 946 

available to the City for such purpose, all as more particularly 
specified, prescribed and determined by the Board of Finance by 
resolution, order or otherwise. 

The authority to issue the Bonds is intended to and shall in- 
clude the authority to issue revenue refunding bonds. Reference 
herein to the "Bonds" shall include revenue refunding bonds 
where appropriate. In the event revenue refunding bonds are 
issued, the outstanding principal amount of any "refunded 
bonds" (as hereinafter defined) shall not be taken into account in 
determining the aggregate principal amount of Bonds issued, 
sold and delivered hereunder. The term "refunded bonds" means 
any Bonds (i) for the payment of which (both principal and in- 
terest) provision has been made from the proceeds (including 
any earnings on the investment thereof) of revenue refunding 
bonds issued pursuant to this Ordinance or (ii) which have been 
paid from such proceeds, in either case whether such provision 
for payment, or such payment is made at or prior to the maturity 
of such Bonds. 

SEC. 4. And be it further ordained, That the Board of Finance 
is hereby authorized to specify, prescribe, determine, provide for 
or approve, all within the limitations of this Ordinance and the 
Act, all matters, details, forms, documents and procedures per- 
taining to the sale, security, issuance, delivery and payment of 
or for the Bonds, including (without limitation): 

(a) the principal amount of Bonds or notes to be issued at any 
one time and from time to time, the rate or rates of interest 
thereon, the date or dates of maturity thereof (not later than 30 
years from the date of issuance of the Bonds), payment provi- 
sions therefor, prepayment, sinking fund and redemption provi- 
sions (if any) thereof, the designation or designations of the 
Bonds and of any series thereof, and the date or dates of is- 
suance thereof at any one time and from time to time; 

(b) the form, tenor, terms and conditions of the Bonds, and 
provisions for the registration and transfer of the Bonds (if any); 

(c) the form and contents of, and provisions for the execution 
and delivery of, such financing documents as the Board of 
Finance shall deem necessary or desirable to evidence, secure or 
effectuate the Loan and the issuance, sale, and delivery of the 
Bonds, including (without limitation) any loan agreements, 
notes, mortgages, security agreements, guarantees, assign- 
ments, financing agreements or escrow agreements; 



ORDINANCES 407 

(d) provision for payment directly by the Borrower of all ex- 
penses of preparing, printing and selling the Bonds, including 
(without limitation) any and all costs, fees and expenses incurred 
by or on behalf of the City in connection with the authorization, 
issuance, sale and delivery of the Bonds, and all costs incurred in 
connection with the development of the appropriate legal 
documents, including the fees of counsel to the City, and com- 
pensation to any persons (other than full-time employees of the 
City) or entities performing services for or on behalf of the City 
in connection therewith and in connection with all other transac- 
tions contemplated by this Ordinance whether or not the pro- 
posed financing is consummated; 

(e) the creation of security for the Bonds and provision for the 
administration of the Bonds, including (without limitation) the 
appointment of such trustees, escrow agents, paying agents, 
registrars or other agents as the Board of Finance shall deem 
necessary or desirable to effectuate the transactions authorized 
hereby; 

(f) the preparation and distribution, in conjunction with 
representatives of the Borrower and the prospective purchasers 
of or underwriters for the Bonds of any series, both a 
preliminary and a final official statement, placement memoran- 
dum or offering circular in connection with the sale of the Bonds 
of any series, if such preliminary official statement and final of- 
ficial statement, placement memorandum or offering circular 
are determined to be necessary or desirable for the sale of the 
Bonds of such series; provided, however, that any such 
preliminary official statement, placement memorandum or of- 
fering circular shall be clearly marked to indicate that it is sub- 
ject to completion and amendment; 

(g) the form and content of, and provisions for the execution 
and delivery of, a contract or contracts for the purchase and sale 
of the Bonds of any series (or any portion thereof); and 

(h) such other matters and documents in connection with the 
authorization, issuance, execution, sale, delivery and payment of 
the Bonds, and the security for the Bonds and the Loan, and the 
consummation of the transactions contemplated by this Or- 
dinance, as may be deemed appropriate and approved by the 
Board of Finance, including (without limitation) establishing 
procedures for the execution, acknowledgement, sealing and 
delivery of such other and further agreements, documents and 
instruments, and the authorization of the officials of the City to 



408 ORDINANCES Ord. No. 946 

take any and all actions, as are or may be necessary or ap- 
propriate to consummate the transactions contemplated by this 
Ordinance in accordance with the terms hereof. 

The Board of Finance is authorized to prescribe procedures to 
facilitate the prompt determination and approval of one or more 
of the matters set forth above. Such- procedures may include 
telephonic approval and subsequent telegraphic or written con- 
firmation of one or more of such matters by a designated officer 
of the City within guidelines or parameters prescribed by the 
Board of Finance. The Board of Finance is further authorized (1) 
to establish procedures for the utilization of variable or floating 
rates of interest, (2) to enter into arrangements with a bank or 
other appropriate institution to facilitate the purchase, repur- 
chase, sale, transfer or payment of Bonds, including (without 
limitation) the use of general or standby letters of credit, revolv- 
ing credit facilities, repurchase agreements or other similar ar- 
rangements, and (3) to take such actions as may be necessary to 
implement a program for the issuance of Bonds in the nature of 
commercial paper, demand notes, and floating rate obligations. 

Resolutions adopted and orders issued pursuant to this Or- 
dinance shall be deemed to be of an administrative nature and 
shall be effective upon the effective date specified therein. 

SEC. 5. And be it further ordained, That, as permitted by the 
Act, the Bonds are authorized to be sold at private (negotiated) 
sale and at par, unless the Board of Finance deems it to be in the 
best interests of the City to sell the Bonds at public sale or above 
or below par, in which event, the Bonds shall be sold in such 
manner, at such price or prices and upon such terms as the 
Board of Finance deems to be in the best interests of the City. 
The Bonds shall be sold at such times and on such dates as the 
Board of Finance may determine. The Bonds shall be sold to one 
or more persons, firms or corporations (including banks or other 
financial institutions) as determined by the Board of Finance 
with the consent of the Borrower. 

SEC. 6. And be it further ordained, That pursuant hereto the 
Bonds shall be executed by the manual or facsimile signature of 
the Mayor of the City and by the manual or facsimile signature 
of the Custodian or Alternate Custodian of the City Seal, and the 
seal of the City shall be affixed thereon. In case any official of 
the City whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents shall 



ORDINANCES 409 

cease to be such official before the delivery of the Bonds or any 
of the aforesaid documents, such signature or facsimile shall 
nevertheless be valid and sufficient for all purposes, the same as 
if such official had remained in office until delivery. 

SEC. 7. And be it further ordained, That the term "Board of 
Finance" as used in this Ordinance includes any board, agency, 
or department of the City created and existing under the 
Charter of the City and designated by such Charter to perform 
the functions and duties that were performed by the Board of 
Finance at the time of the introduction of this Ordinance. 

SEC. 8. And be it further ordained, That in lieu of the resolu- 
tion authorized herein to be adopted by the Board, the Mayor of 
the City may by executive order approve or prescribe anything 
authorized in this Ordinance to be approved or prescribed by the 
Board in such resolution. 

SEC. 9. And be it further ordained, That the Borrower shall 
agree that: 

(a) It will submit any plans and specifications for the construc- 
tion of material additions of the existing Facilities that are 
financed with the proceeds of the Bonds to the Department of 
Housing and Community Development for approval, with the 
understanding that, in addition to the economic feasibility of the 
construction of such additions, the Department of Housing and 
Community Development may consider, without limitation, the 
suitability of any site plan, architectural treatment, building 
plans, elevations, materials, color, construction details, access, 
parking, loading, landscaping, identification signs, exterior 
lighting, refuse collection details, streets, sidewalks, and har- 
mony between the plans and the surroundings of the proposed 
Facilities and that the Department of Housing and Community 
Development may refuse approval of any such plans and 
specifications for aesthetic or functional reasons; and 

(b) It and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality site, building, and 
landscape design with respect to any material additions to the 
existing Facilities that are financed from proceeds of the Bonds. 

SEC. 10. And be it further ordained, That, if the Bonds are not 
issued and sold within six months from the date on which this 



410 ORDINANCES Ord. No. 946 

Ordinance is approved by the Mayor or Acting Mayor of the 
City, the authorization provided in this Ordinance for the City to 
issue and sell the Bonds shall expire; provided, however, that the 
Board of Finance of the City may, after a showing of good cause 
at a public hearing held before the Board of Finance, extend 
such authorization for one additional term not to exceed six 
months. The Board of Finance, in its sole discretion, shall deter- 
mine the sufficiency, or lack thereof, of the reasons presented 
for any requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor shall 
be sent to the City Council. 

Sec. 11. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part thereof shall be held to be illegal, invalid or un- 
constitutional or inapplicable to any person, entity or cir- 
cumstances, such illegality, invalidity or unconstitutionality or 
inapplicability shall not affect or impair any of the remaining 
provisions, sentences, clauses, sections or parts of the Or- 
dinance or their application to other persons, entities or cir- 
cumstances. It is hereby declared to be the legislative intent that 
this Ordinance would have been adopted if such illegal, invalid or 
unconstitutional provision, sentence, clause, section or part had 
not been included therein, and if the person, entity or cir- 
cumstances to which the Ordinance or any part thereof is inap- 
plicable had been specifically exempted therefrom; provided, 
however, that neither the principal of or premium, if any, nor 
the interest on the Bonds shall ever constitute an indebtedness 
of the City or a charge against the general credit or taxing 
powers of the City within the meaning of any constitutional or 
charter provision or statutory limitation or shall ever constitute 
or give rise to any pecuniary liability of the City. 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved May 16, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 411 

No. 947 
(Council No. 1484) 

AN ORDINANCE concerning 

DRUG ABUSE ADVISORY COUNCIL 

FOR the purpose of creating a Drug Abuse Advisory Council of 
at least thirteen SIXTEEN appointed members and providing 
for its powers and duties, AND DUTIES. , AND AN EFFEC 
TIVE DATE FOR THE MAYOR TO APPOINT THE COUN 

GHrr 

BY adding to 
Article 11 -Health 
Section 251 to be a new subtitle -"Drug Abuse Advisory 

Council" 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 11 -HEALTH 

DRUG ABUSE ADVISORY COUNCIL 

251. Council 

(a) Creation. 

There is a Drug Abuse Advisory Council of Baltimore City 
which shall consist of at least thirteen (13) SIXTEEN (16) mem- 
bers appointed by the Mayor in accordance with Article IV, Sec- 
tion 6 of the Baltimore City Charter (196k Revision, as amended). 

(b) Terms of Office, Compensation. 

The term of office of each member commences from the first day 
of July of the year of appointment for a term of three (3) years ex- 
cept that for the initial appointments, one-third of the members 
shall be appointed for one (1) year and one-third of the members 
for two (2) years. The Mayor shall designate one of the members as 
Chairperson of the Council. The members shall receive no com- 
pensation for their services on the Council. 

(c) Membership. 

Membership on the Council shall consist of at least one (1) 
representative from each of the following: City Council of 



412 ORDINANCES Ord. No. 947 

Baltimore, Baltimore City Department of Education, Maryland 
State BALTIMORE CITY Department of Social Services, Police 
Department of Baltimore City, practicing physicians, clergy, 
and the legal profession: , AND ONE REPRESENTATIVE OF 
THE COMMUNITY WHO RESIDES IN EACH OF THE SIX 
COUNCILMANIC DISTRICTS OF BALTIMORE CITY. 
MEMBERSHIP SHALL ALSO INCLUDE AT LEAST TWO (2) 
REPRESENTATIVES FROM THE CLERGY. Membership 
shall also include the Chairperson and Vice Chairperson of the 
Drug Abuse Directorate who shall serve on the Council for the 
period during which they hold their respective offices. The Com- 
missioner of Health of the Baltimore City Department of Health, 
the Assistant Commissioner for Mental Health, Mental Retarda- 
tion, and Addictions for the Baltimore City Department of 
Health and the Chief for Comprehensive Drug Abuse Services for 
the Baltimore City Department of Health shall serve as ex-officio 
members. The members shall be appointed without regard to 
political affiliation. 

(d) Powers and Duties. 

The Drug Abuse Advisory Council shall: 

(1). Periodically review with the advice and assistance of 
the Chief for Comprehensive Drug Abuse Services and the Assis- 
tant Commissioner for Mental Health, Mental Retardation, and 
Addictions available services and facilities, and determine local 
program needs; 

(2). Advise and report annually to the Mayor and City 
Council, and through the Chief for Comprehensive Drug Abuse 
Services, to the Director of the Maryland Drug Abuse Ad- 
ministration on progress of the local drug abuse program and of 
actions needed for further improvements; 

(3). Make recommendations for appropriate allocation of 
funds in accordance with agreed upon priorities and considera- 
tion of all financial resources; 

(U). Assist the Chief for Comprehensive Drug Abuse Serv- 
ices in the development of the annual drug abuse plan; 

(5). Review and comment on all applications for State and 
federal grants for drug abuse programs; 

(6). Provide input to the Maryland State Advisory Council 
on Drug Abuse; 

(7). Act as a local advocate for drug abuse programming; 



ORDINANCES 413 

(8). Assist, when appropriate, in program evaluations; 
and, 

(9). Review the State drug abuse plan. 

(10) ASSIST THE BALTIMORE CITY DEPARTMENT 
OF EDUCATION IN ITS DRUG ABUSE PREVENTION 
PROGRAMS. 

SEC. 2. And be it further ordained, That this Ordinance shall 
take effect on the date of its passage. 

SEC. 3 . *\ND BE IT FURTHER ORDAINED, THAT THE 
MAYOR SHALL FORWARD THE NAMES OF THE 
MEMBERS APPOINTED BY HIM TO THE DRUG ABUSE 
ADVISORY COUNCIL WITHIN THIRTY ( 3 0) DAYS AFTER 
THE PASSAGE OF THIS ORDINANCE. 

Approved May 20, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 948 
(Council No. 1411) 

AN ORDINANCE concerning 

PARKING-RESERVED 
PAYSON STREET 

FOR the purpose of providing for reserved parking on Payson 
Street, near Eagle Street for Milton J. Riehl. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That on the east side of Payson Street from a point 
71 feet south of Eagle Street to 95 feet south of Eagle Street, 
parking is reserved for Milton J. Riehl. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect upon the date of its passage. 

Approved May 24, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



414 ORDINANCES Ord. No. 949 

No. 949 
(Council No. 1511) 

AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of 
Baltimore to sell either at public or private sale all the interest 
of the Mayor and City Council of Baltimore in and to that cer- 
tain parcel of land and improvements no longer needed for 
highway or other public use located at (1) a portion of the 
former bed of Mace Street, eleven feet wide extending north 
from the north side of W. 28th Street 267.38 feet; and (2) the 
former bed of a 10 foot alley, 1st south of W. 29th Street ex- 
tending easterly from the east side of N. Howard Street, 85 
feet. 

BY authority of 
Article V- Comptroller 
Section 5(b) 
Baltimore City Charter (1964 Revision as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in ac- 
cordance with Article V, Section 5 (b) of the City Charter, all of 
the interest of the Mayor and City Council of Baltimore in and to 
that parcel of land situate in Baltimore, Maryland, and described 
as follows: 

BEGINNING for Parcel No. 1 at the point formed by the in- 
tersection of the north side of Twenty-Eighth Street, 66 feet 
wide, and the west side of Mace Street, 35 feet wide, and run- 
ning thence binding on the west side of said Mace Street, North 
02°-52'-45" West 267.38 feet to intersect a line drawn parallel 
with and distant 130.00 feet southerly, measured at right angles 
from the south side of Twenty-Ninth Street, 66 feet wide; thence 
binding on said line so drawn, North 87°-07'-15" East 11.00 feet 
to intersect a line drawn parallel with and distant 11.00 feet 
easterly, measured at right angles from the west side of said 
Mace Street; thence binding on last said line so drawn, South 
02°-52 / -45" East 267.38 feet to intersect the aforesaid north side 
of Twenty-Eighth Street and thence binding on the north side of 



ORDINANCES 415 

said Twenty-Eighth Street, South 87°-07'-15" West 11.00 feet to 
the place of beginning. 

BEGINNING for Parcel No. 2 at the point formed by the in- 
tersection of the east side of Howard Street, 66 feet wide, and 
the north side of a 10 foot alley, laid out 90 feet south of Twenty- 
Ninth Street, 66 feet wide, and running thence binding on the 
north side of said 10 foot alley, North 87°-07'-15" East 85.00 feet 
to the easternmost extremity of said 10 foot alley; thence bind- 
ing on the easternmost extremity of said 10 foot alley; South 
02°-52'-45" East 10.00 feet to the south side of said 10 foot alley; 
thence binding on the south side of said 10 foot alley, South 
87°-07'-15" West 85.00 feet to intersect the aforesaid east side of 
Howard Street and thence binding on the east side of said 
Howard Street, North 02°-52'-45" West 10.00 feet to the place of 
beginning. 

Said property being no longer needed for highway or other 
public use. 

SEC. 2. Be it further ordained, That no deed or deeds shall pass 
in accordance herewith, until the same shall have been first ap- 
proved by the City Solicitor. 

SEC. 3. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved May 26, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 950 
(Council No. 1568) 

AN ORDINANCE concerning 

PARKING -RESERVED 
MT. ROYAL AVENUE 

FOR the purpose of providing for reserved parking on the north 
side of Mt. Royal Avenue from Charles Street to Maryland 
Avenue for disabled persons. 



416 ORDINANCES Ord. No. 951 

BY repealing and reordaining with amendments 
Ordinance No. 166 
Approved October 22, 1976 

SECTION I. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance No. 166, approved October 22, 1976, 
is hereby repealed and reordained, with amendments, to read as 
follows: 

Mt Royal Avenue, northerly side, from Charles Street to 
[Morton Street] Maryland Avenue, parking reserved for dis- 
abled persons with permit. 

[Mt. Royal Avenue, northerly side, from 95 feet west of Mor- 
ton Street to Maryland Avenue, parking reserved for disabled 
persons with permit.] 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved May 26, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 951 
(Council No. 1569) 

AN ORDINANCE concerning 

PARKING-RESERVED 
SANDER STREET 

FOR the purpose of repealing Ordinance 826, approved on 
November 12, 1982, which provided for reserved parking on 
the south side of Sander Street near Riverside Avenue for 
Charles Jenkins. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance No. 826, approved November 12, 
1982, is hereby repealed. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect on the date of its passage. 

Approved May 26, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 417 

No. 952 
(Council No. 1574) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(GRANT STREET LIMITED PARTNERSHIP PROJECT) 

FOR the purpose of authorizing Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time 
and in one or more series, as limited obligations of the City and 
not upon its full faith and credit, its revenue bonds, in the ag- 
gregate principal amount not to exceed $4,000,000, pursuant 
to the provisions of Sub-section (50) of Article II of the Charter 
of Baltimore City (1964 Revision), as amended, for the purpose 
of financing the costs of the completion by Grant Street 
Limited Partnership, a Maryland partnership, of a certain 
facility located or to be located at 31-35 Grant Street in 
Baltimore City and consisting generally of the acquisition of 
certain land, formerly a USF&G office building and ware- 
house, and the renovation and equipping of a building of ap- 
proximately 60,000 square feet on such land, to be leased to 
various as-yet unknown tenants for use by the tenants as an 
office building; making certain legislative findings, among 
others, that the completion of such facility and the financing of 
the costs of such completion as provided in this Ordinance will 
serve to promote the general purposes contemplated by the 
City Charter by (a) sustaining jobs and employment in Balti- 
more City; (b) promoting economic development in Baltimore 
City; and (c) encouraging the increase of industry and a bal- 
anced economy in Baltimore City; authorizing the Board of 
Finance of the City to prescribe certain details of such revenue 
bonds and do any and all things necessary, proper or expe- 
dient in connection with the issuance and sale of such revenue 
bonds; authorizing the issuance of notes in anticipation of the 
issuance of such revenue bonds; and generally providing for 
and determining various matters and details in connection 
with the issuance and sale of such revenue bonds and bond an- 
ticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended (the "Enabling Law"), empowers 



418 ORDINANCES Ord. No. 952 

Mayor and City Council of Baltimore (the "City") to borrow 
money to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations (including 
refunding bonds, notes or other obligations), all of which shall be 
fully negotiable, payable, as to both principal and interest, solely 
from and secured solely by a pledge of (I) the revenues from or 
arising in connection with the property, facilities, developments 
and improvements whose financing is undertaken by the issu- 
ance of such bonds, notes or other obligations, (II) the revenues 
from or arising in connection with any contracts, mortgages or 
other securities purchased or otherwise acquired with the pro- 
ceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of such bonds, notes or other obliga- 
tions, or (IV) any combination of (I), (II) or (III). The purposes, 
objects and powers of the City contemplated by the Enabling 
Law include the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated March 11, 1983 
(the "Letter of Intent") from Grant Street Limited Partnership, 
a Maryland partnership (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in the financing 
of the costs of the completion by the Borrower of a certain proj- 
ect in Baltimore City, Maryland (the "Project"), by issuing and 
selling the City's industrial development revenue bonds in the 
aggregate principal amount not to exceed $4,000,000 (the 
"Bonds"), and by making the proceeds of the Bonds available to 
the Borrower to be used by the Borrower for the sole and ex- 
clusive purpose of financing the costs of the completion of the 
Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish 
the purposes, objects and powers of the City as mentioned in the 
Enabling Law, will consist generally of (a) the acquisition of a 
tract of land containing approximately 0.15 acres, formerly a 
USF&G office building and warehouse and located at 31-35 
Grant Street in Baltimore City, (b) the renovation of a 60,000 
square foot office building thereon consisting of office space, 
and (c) the acquisition and installation in such building of any or 
all machinery and equipment as may be necessary or useful in 



ORDINANCES 419 

connection with the operation thereof. Upon completion, the 
Project will be owned by the Borrower and leased to various as- 
yet unidentified tenants for use as an office building. 

The Enabling Law provides that the City may authorize and 
empower the Board of Finance of the City (the "Board") by 
resolution to determine and set forth the form, terms, provi- 
sions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times 
of issuance and any and all other details of the Bonds and the is- 
suance and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and sale of 
the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE EN- 
ABLING LAW: 

SECTION 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to 
the Enabling Law in order to make the proceeds thereof 
available to the Borrower for the sole and exclusive purpose of 
financing the costs of completion of the Project will facilitate 
and expedite the completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the 
financing of the costs of such completion as provided in this 
Ordinance will serve to promote the general purposes con- 
templated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic develop- 
ment in Baltimore City; and (c) encouraging the increase of in- 
dustry and a balanced economy in Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of 
the City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obliga- 
tions of the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of 
(I) the revenues from or arising in connection with the Project, 



420 ORDINANCES Ord. No. 952 

(II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired with 
the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the 
Bonds. 

Sec. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or from 
time to time and in one or more series, as limited obligations of 
the City and not upon its full faith and credit, its industrial 
development revenue bonds, in the aggregate principal amount 
not to exceed $4,000,000, subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be made available to 
the Borrower under terms and conditions approved by the 
Board and set forth in a Resolution, and used by the Borrower 
for the sole and exclusive purpose of financing the costs of the 
completion of the Project. 

SEC. 3. And be it further ordained, That this Ordinance con- 
stitutes the present intent of the City to issue the Bonds, and the 
Mayor of the City is hereby authorized to accept the Letter of 
Intent on behalf of the City in order to further evidence the pres- 
ent intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

SEC. 4. And be it further ordained, That, as permitted by the 
Enabling Law, the Board is hereby authorized and empowered, 
by a resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to^the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 



ORDINANCES 421 

or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing 
statements and closing certificates), under which the proceeds 
of the Bonds will be made available to the Borrower to finance 
the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of the Bonds. 

SEC. 5. And be it further ordained, That any and all of the 
Bonds shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the taxing power 
of the City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, notes or 
other obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery of 
any of the Bonds. 

SEC. 6. And be it further ordained, That the Borrower shall 
agree that: 

(a) it will submit any plans and specifications for the Project to 
the Department of Housing and Community Development for 
approval, and that the Department of Housing and Community 
Development may refuse approval of any plans and specifica- 
tions for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory 
group appointed by the Department of Housing and Community 
Development in order to achieve high quality site, building, and 
landscape design. 



422 ORDINANCES Ord. No. 952 

SEC. 7. And be it further ordained, That any and all of the 
Bonds shall be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile signature, 
and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal, by his manual or fac- 
simile signature. At least one signature required or permitted to 
be placed on the Bonds shall be manually subscribed; provided 
however, that if the Bonds are issued under a Trust Agreement, 
Trust Indenture or other Agreement which requires that each of 
the Bonds must be authenticated by a Trustee or other authen- 
ticating agent prior to delivery thereof in order to be valid and 
effective, the manual signature of an authorized officer of or 
other authorized signer for such Trustee or other authenticating 
agent shall be the only manual signature required to be sub- 
scribed on the Bonds. Any trust agreement or other documents 
as the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the name of 
the City and on its behalf by the Mayor of the City by his manual 
or facsimile signature, and the corporate seal of the City or a fac- 
simile thereof shall be impressed or otherwise reproduced there- 
on and attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of 
whose signature shall appear on the Bonds or any of the 
aforesaid documents shall cease to be such officer before the 
delivery of the Bonds or any of the other aforesaid documents, 
such signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Direc- 
tor of Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents and 
certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof. 

•SEC. 8. And be it further ordained, That any and all necessary 
financing statements required for the consummation of the 
transactions authorized by this Ordinance may be executed on 
behalf of the City by the Mayor of the City or by the Chief, 
Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor 
of the City to execute such financing statements. 



ORDINANCES 423 

SEC. 9. And be it further ordained, That the authority to issue 
the Bonds is intended and shall be deemed to include the authori- 
ty to issue bond anticipation notes pursuant to Section 12 of 
Article 31 of the Annotated Code of Maryland (1976 Replace- 
ment Volume and 1981 Cumulative Supplement), as amended 
(the "Bond Anticipation Note Enabling Legislation"). Reference 
in this Ordinance to the "Bonds" shall include such bond anticipa- 
tion notes where appropriate. Prior to the issuance, sale and 
delivery of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time 
or times of issuance, and any and all other details of such bond 
anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of 
the security described in Section 5 of this Ordinance, pursuant to 
a trust agreement or similar agreement, (ii) the form of any such 
trust agreement or similar agreement, as provided in the En- 
abling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and 
proper for the security of the holders of such bond anticipation 
notes; 

(c) approve the terms and conditions, including but not limited 
to the terms and conditions of any documents to be executed and 
delivered by the City (other than customary financing state- 
ments and closing certificates), under which the proceeds of 
such bond anticipation notes will be made available to the Bor- 
rower to finance the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in con- 
nection with the issuance, sale and delivery of such bond an- 
ticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond anticipa- 
tion notes issued pursuant to this Section of this Ordinance and 
the interest thereon from the proceeds of the Bonds in anticipa- 
tion of the sale of which such notes are issued, and the City 
hereby further covenants to issue such Bonds, as the case may 
be, when, and as soon as, the reason for deferring the issuance 
of the Bonds no longer exists. The timely issuance of such 
Bonds, however, is dependent upon matters not within the con- 
trol of the City, including (without limitation) the existence of a 



424 ORDINANCES Ord. No. 952 

purchaser or purchasers for such Bonds at the time the reason 
for deferring the issuance of the Bonds no longer exists and the 
effectiveness of various actions taken by the Borrower, its of- 
ficers, agents and employees. 

SEC. 10. And be it further ordained, That the provisions of this 
Ordinance are severable, and if any provision, sentence, clause, 
section or part hereof is held illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, 
invalidity or unconstitutionality, or inapplicability shall not af- 
fect or impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or their application 
to other persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted here- 
from. 

SEC. 11. And be it further ordained, That either the Bonds or 
bond anticipation notes issued pursuant to Section 9 of this 
Ordinance in anticipation of the issuance of the Bonds must be 
issued and sold within six months from the date on which this 
Ordinance is approved by the Mayor of the City; provided, 
however, that the Board, after a showing of good cause at a 
public hearing held before the Board prior to or after the expira- 
tion of such six month period, may extend the period during 
which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months 
from the date on which the first six month period expired. The 
Board, in its sole discretion, and without action by the City 
Council, shall determine the sufficiency, or lack thereof, of the 
reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. To the ex- 
tent that neither the Bonds nor such bond anticipation notes are 
issued and sold within twelve months from the date on which 
this Ordinance is approved by the Mayor of the City, the authori- 
ty provided in this Ordinance for the City to issue and sell the 
Bonds and such bond anticipation notes shall expire. 

SEC. 12. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved May 26, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 425 

No. 953 
(Council No. 1478) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS- EMPLOYEES' RETIREMENT 

SYSTEM 

FOR the purpose of increasing benefits for certain rctircco 
CERTAIN PRESENT AND FUTURE RETIREES AND 
CERTAIN PRESENT AND FUTURE BENEFICIARIES 
OF RETIREES contingent on performance of the Retirement 
System's investment funds. 

BY adding 
Article 22 -Retirement Systems 
Subtitle- Employees' Retirement System 
Section 17 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section 17 be added to Article 22 of the 
Baltimore City Code (1976 Edition, as amended) to read as 
follows: 

VARIABLE BENEFIT INCREASES 

17. Post retirement benefit increases to certain retirees and 
beneficiaries. Each retired Member or beneficiary (classes A, B 
and C) who is receiving periodic benefits pursuant to the provi- 
sions of the Retirement System may be eligible for an increase in 
the amount of such periodic benefits subject to the following provi- 
sions. 

{a) Eligibility. 

Each — Member — wh# — k^s — retired from — active — eewiee — er 
beneficiary of a deceased or retired Member who id receiving 
periodic retirement benefit 3 purouant to the provis i ons of the 
Retirement Syotem and has been receiving periodic payments for 
two (Q) or more years may be eligible for an increase in the 
periodic benef i t determined according to this Section. EACH 
MEMBER WHO HAS RETIRED FROM ACTIVE SERVICE. 
WHETHER BEFORE OR AFTER THE EFFECTIVE DATE 
OF THIS ORDINANCE, AND EACH BENEFICIARY OF A 



426 ORDINANCES Ord. No. 953 

DECEASED MEMBER WHO IS OR WILL BE RECEIVING 
PERIODIC RETIREMENT BENEFITS, WHETHER 
BEFORE OR AFTER THE EFFECTIVE DA TE OF THIS OR- 
DINANCE, AND WHO RECEIVES PERIODIC BENEFIT 
PAYMENTS FOR TWO (2) OR MORE YEARS MAY BE 
ELIGIBLE FOR AN INCREASE IN SUCH PERIODIC 
BENEFIT DETERMINED ACCORDING TO THIS SECTION 
17. Such two year period shall be calculated commencing with the 
effective date of the first retirement benefit payment paid to either 
the retired Member or the beneficiary of a deceased Member and 
shall be determined on June SO of each year commencing with 
June 30, 1983. Years retired as a beneficiary of a former retired 
Member shall include the years that the Member was retired. 
Eligible Members and beneficiaries are also referred to herein as 
"persons". 

(b) Amount of Benefit Increase. As of the end of each Fiscal 
Year, a determination shall be made of the amount of increase (if 
any) of retirement benefit payments which may be payable to 
eligible persons. The amount of retirement benefit increase shall 
be calculated with reference to excess investment earnings of the 
Annuity Reserve Fund and the Pension Reserve Fund only, and 
according to the method described in (c) below. 

After determination of the amount of excess investment earn- 
ings available for retirement benefit increases, such excess invest- 
ment earnings shall be allocated to eligible retired Members and 
beneficiaries according to the following method. The percentage 
which the benefits shall be increased shall be determined by the ac- 
tuary as the amount that the investment earnings determined in 
(c) below would be sufficient to fund on a single premium paid up 
annuity basis using the actuarial valuation assumptions on the 
June 30th preceding the effective date of the increase. 

(i) Effective as of January 1, 1984, an increase may be 
payable to each retiree or beneficiary eligible pursuant to subsec- 
tion (a) of this Section as of June 30, 1983. 

(ii) Until the benefit increase objectives set forth in (Hi) 
below have been met, the allocation to eligible persons shall be 
made with reference to the number of full continuous years that 
each person has been receiving retirement benefits from this plan 
and the amount of each person's benefit being paid as of June 30, 
1983. A percentage factor will be determined by the actuary to in- 
crease benefits to those eligible. The percent increase in an eligible 
Member's or beneficiary's benefit will equal the percentage factor 



ORDINANCES 



427 



times full years which the Member or beneficiary has been receiv- 
ing benefits. No fractional years will be used. 

(Hi) The allocation method set forth in (ii) above shall apply 
only until the following benefit increase objectives have been met: 



date benefit 


percent 


date benefit 


percent 


payments began 


increase 


payments began 


increase 


7/1/80-6/30/81 


1.0% 


7/1/70-6/30/71 


11.0% 


7/1/79-6/30/80 


2.0% 


7/1/69-6/30/70 


12.0% 


7/1/78-6/30/79 


3.0% 


7/1/68-6/30/69 


13.0% 


7/1/77-6/30/78 


4.0% 


7/1/67-6/30/68 


14.0% 


7/1/76-6/30/77 


5.0% 


7/1/66-6/30/67 


15.0% 


7/1/75-6/30/76 


6.0% 


7/1/65-6/30/66 


16.0% 


7/1/74-6/30/75 


7.0% 


7/1/64-6/30/65 


17.0% 


7/1/73-6/30/74 


8.0% 


7/1/63-6/30/64 


18.0% 


7/1/72-6/30/73 


9.0% 


7/1/62-6/30/63 


19.0% 


7/1/71-6/30/72 


10.0% 


before 7/1/62 


20.0% 



After the above objectives have been met, the allocation of new 
excess investment earnings shall be made without reference to the 
number of years any Member or, beneficiary has been receiving 
benefits. The allocation to eligible persons shall then be made by 
the actuary on an equal percentage basis. 

(iv) For each June 30th after June 30, 1983, the determina- 
tion of the amount of excess investment earnings and allocation of 
such earnings to eligible persons shall be calculated using the ap- 
propriate method outlined in (ii) or (Hi) above with the amount of 
distribution and the allocation of such amount being calculated 
as of the end of the Fiscal Year, with any increase to commence ef- 
fective as of the following January 1. 

The benefit increase payable pursuant to this Section shall be 
payable in the same form as the basic benefit being received by the 
eligible person. 

(c) Amount of investment income to be used to increase benefits. 

Notwithstanding Section 7 as it applies to excess earnings, the 
amount of excess investment earnings available as of each June 30 
for an increase in benefits will be equal to the product of(i), (ii) 
and (lii) below. Each item below EXCEPT FOR ITEM (II) 
UNDER THIS SUBSECTION (C) is determined as of each June 
30th beginning with June 30, 1983, and any benefit increase shall 



428 ORDINANCES Ord. No. 953 

become effective as of the following January 1. ITEM (II) BELOW 
IS DETERMINED AS OF THE JUNE 30TH THA T IS EIGHT- 
EEN (18) MONTHS PRIOR TO THE EFFECTIVE DATE OF 
THE BENEFIT INCREASE, BEGINNING WITH JUNE 30, 
1982. 

(i) the dollar amount of net excess investment earnings 
determined on the following basis: 

Before the Reserve for Book Value is paid off, net excess 
investment earnings shall be that portion of total fund earnings 
between 8% and 10 1/2% of average market value, plus one-half of 
the fund earnings in excess of 10 1/2%; 

after the Reserve for Book Value is paid off net excess 
investment earnings shall be that portion of total fund earnings 
between 7 1/2% and 10% of average market value, plus one-half of 
fund earnings in excess of 10%. 

For purposes of the above calculations, earnings shall 
be net of investment expenses and include realized and unrealized 
gains and losses and all other sources of investment gains and 
losses as shown in the actuary's report. The investment return 
used in this Section shall be based on the annual return as of each 
June 30, commencing with the year ending June 30, 1983. The 
average market value for the year shall equal one-half of the 
market value of the four funds as of the beginning of the year plus 
one- half of the market value of the funds as of the end of the year 
minus one-half of the earnings during the year. The earnings and 
market values of the funds for the purpose of this Section are 
assumed to be equal to the values contained in the actuary's 
report Any later audit changes shall be ignored. 

(ii) the ratio of the sum of the Annuity Reserve Fund plus 
the Pension Reserve Fund to the sum of all four funds: Annuity 
Savings Fund, Annuity Reserve Fund, Pension Accumulation 
Fund, and the Pension Reserve Fund. 

(Hi) 3/4 on June 30, 1 983 for the initial increase (if any) and 
3/4 for each subsequent year until a contingency rcoorve CON- 
TINGENCY RESERVE FUND has been accumulated according 
to the following method. The remaining Ilk of excess investment 
earnings as of June 30, 1983, and each June 30 thereafter shall be 
set aside as a contingency reoevw fund CONTINGENCY 
RESERVE FUND until the value of such fund is at least equal to 
2 1/2% of the Annuity Reserve Fund and the Pension Reserve 



ORDINANCES 429 

Fund as of the end of the most recent June 30. The contingency 
rcoervefund CONTINGENCY RESERVE FUND shall serve as 
a reserve to insure payment of previously accrued benefit in- 
creases for any year in which the paid up benefit fund PAID UP 
BENEFIT FUND does not meet its interest assumption. While 
the Board of Trustees may fund increases through the establish- 
ment of a paid up benefit fund PAID UP BENEFIT FUND, it 
shall also have the option of funding any increases through the 
purchase of annuity contracts from one or more insurance com- 
panies. For each year when the contingency reserve fund CON- 
TINGENCY RESERVE FUND is not less than 2 1/2% of the An- 
nuity Reserve Fund and the Pension Reserve Fund, the 31 k frac- 
tion shall not apply and the amount available to increase benefits 
shall be the product of(i) and (ii). 

(D) PAID UP BENEFIT FUND AND CONTINGENCY 
RESERVE FUND. 

(I) THE EXISTENCE OF A PAID UP BENEFIT FUND 
AND A CONTINGENCY RESERVE FUND IS HEREBY 
SPECIFICALLY AUTHORIZED, SECTION 8 TO THE CON- 
TRARY NOTWITHSTANDING. 

(II) THE PAID UP BENEFIT FUND SHALL BE THE 
PRIMARY FUND FROM WHICH SHALL BE PAID ALL 
BENEFIT INCREASES PROVIDED UNDER THIS SEC- 
TION. THE PAID UP BENEFIT FUND SHALL BE FUNDED 
WITH EXCESS INVESTMENT EARNINGS CONSISTENT 
WITH (C) ABOVE. FOR ANY YEAR IN WHICH THE IN- 
VESTMENT RETURN OF THE PAID UP BENEFIT FUND 
EXCEEDS THE INTEREST ASSUMPTION ON WHICH THE 
PURCHASE OF PAID UP BENEFITS IS BASED, SUCH EX- 
CESS SHALL REMAIN IN THE FUND AND THEREBY 
HELP INSURE PAYMENT OF PREVIOUSLY ACCRUED 
BENEFIT INCREASES. 

(III) THE CONTINGENCY RESERVE FUND SHALL 
BE A RESERVE TO INSURE PAYMENT OF PREVIOUSLY 
ACCRUED BENEFIT INCREASES FOR ANY YEAR IN 
WHICH THE PAID UP BENEFIT FUND DOES NOT MEET 
ITS INTEREST ASSUMPTION. SHOULD THERE BE A 
DEFICIT IN THE PAID UP BENEFIT FUND, THE BOARD 
OF TRUSTEES SHALL TRANSFER ASSETS FROM THE 
CONTINGENCY RESERVE FUND TO THE PAID UP BENE- 



430 ORDINANCES Ord. No. 953 

FIT FUND IN ORDER TO OFFSET SUCH DEFICIT THE 
CONTINGENCY RESERVE FUND SHALL BE FUNDED 
WITH EXCESS INVESTMENT EARNINGS CONSISTENT 
WITH (C) ABOVE. FOR ANY YEAR IN WHICH THE VALUE 
OF THE CONTINGENCY RESERVE FUND IS EQUAL TO 
OR EXCEEDS 2 1/2% OF THE ANNUITY RESERVE FUND 
AND THE PENSION RESERVE FUND, EARNINGS ON 
THE CONTINGENCY RESERVE FUND SHALL BE AP- 
PLIED BY THE BOARD OF TRUSTEES IN SUCH AMOUNT 
OR AMOUNTS AS THEY DETERMINE (1) TO DECREASE 
THE AMOUNT CONTRIBUTED BY THE CITY OF 
BALTIMORE, AND/OR (2) TO DECREASE THE PERIOD 
OVER WHICH THE UNFUNDED ACCRUED LIABILITY 
WILL BE AMORTIZED. 

(IV) THE BOARD SHALL HAVE THE DUTY AND 
RESPONSIBILITY OF PERIODICALLY DETERMINING IN- 
VESTMENT POLICIES FOR THE PAID UP BENEFIT 
FUND AND THE CONTINGENCY RESERVE FUND, AND 
SUCH POLICIES SHALL BE CONSISTENT WITH THE 
LIMITATIONS SET FORTH IN THIS SECTION. 

(V) THE BOARD SHALL SEGREGATE OR INVEST 
SEPARATELY THE PAID UP BENEFIT FUND AND THE 
CONTINGENCY RESERVE FUND. FURTHERMORE, 
WHILE THE BOARD IS EMPOWERED TO INVEST AND 
REINVEST SUCH FUNDS IN ANY CLASS OF INVEST- 
MENT SET FORTH AT SECTION 7, THE BOARD IS 
SPECIFICALLY EMPOWERED TO INVEST AND REIN- 
VEST THE PAID UP BENEFIT FUND AND/OR THE CON- 
TINGENCY RESERVE FUND IN THE MEDIUM OF PAID 
UP ANNUITY CONTRACTS OR GUARANTEED INVEST- 
MENT CONTRACTS PURCHASED FROM ONE OR MORE 
INSURANCE COMPANIES, PROVIDED THAT ANY SUCH 
INSURANCE COMPANY SHALL HAVE NO LESS THAN 
THE HIGHEST RATING FROM A.M. BEST COMPANY OR A 
COMPARABLE COMPANY. IF, IN THE PURCHASE OF 
SUCH AN ANNUITY CONTRACT, THE SINGLE PREMIUM 
PAID UP ANNUITY COST OFFERED BY SUCH INSUR- 
ANCE COMPANY RESULTS IN A COST SAVINGS TO THE 
RETIREMENT SYSTEM, THE AMOUNT OF SUCH COST 
SAVINGS SHALL BE APPLIED BY THE BOARD IN SUCH 
AMOUNTS AS THEY DETERMINE (1) TO DECREASE 
THE AMOUNT CONTRIBUTED BY THE CITY, AND/OR (2) 



ORDINANCES 431 

TO DECREASE THE PERIOD OVER WHICH THE UN- 
FUNDED ACCRUED LIABILITY WILL BE AMORTIZED. 

(E) BENEFIT INCREASES TO BE PAID ONLY FROM 
PAID UP BENEFIT FUND AND CONTINGENCY RESERVE 
FUND. 

(I) ANY BENEFIT INCREASE PROVIDED UNDER 
THIS SECTION SHALL BE FUNDED ON A SINGLE 
PREMIUM PAID UP ANNUITY BASIS. THE WORDS 
"SINGLE PREMIUM PAID UP ANNUITY BASIS" SHALL 
HAVE THE COMMON ACTUARIAL MEANING OF 
SPREADING THE AMOUNT AVAILABLE TO PROVIDE A 
BENEFIT OVER THE LIFETIME OF AN INDIVIDUAL IN 
THE FORM OF AN ANNUITY. IT IS INTENDED THAT ANY 
SUCH BENEFIT INCREASE SHALL CONTINUE FOR THE 
LIFETIME OF THE ELIGIBLE MEMBER AND ANY 
BENEFICIARY, CONSISTENT WITH ANY OPTION 
ELECTED UNDER SECTIONS 6 OR 9. THE FOREGOING 
CONTINGENCY RESERVE FUND HAS BEEN ESTAB- 
LISHED TO INSURE PAYMENT OF PREVIOUSLY AC- 
CRUED BENEFIT INCREASES FOR ANY YEAR IN WHICH 
THE PAID UP BENEFIT FUND DOES NOT MEET ITS IN- 
TEREST ASSUMPTION. 

(II) THE GRANTING OF ANY BENEFIT INCREASE 
UNDER THIS SECTION IS CONTINGENT ON THE PER- 
FORMANCE OF THE RETIREMENT SYSTEM'S INVEST- 
MENT FUNDS. THE CONTINUATION OF ANY BENEFIT 
INCREASE PREVIOUSLY ACCRUED UNDER THIS SEC- 
TION IS SPECIFICALLY MADE CONTINGENT ON THE 
ABILITY OF THE PAID UP BENEFIT FUND AND THE 
CONTINGENCY RESERVE FUND TO PROVIDE SUCH 
BENEFITS IN THE FUTURE. SECTION 10 AND SECTION 
W TO THE CONTRARY NOTWITHSTANDING, ANY 
BENEFIT INCREASE PROVIDED UNDER THIS SECTION 
SHALL NOT BECOME AN OBLIGATION OF THE CITY OF 
BALTIMORE. IN THE EVENT OF ANY CONFLICT BE- 
TWEEN SECTION 10 AND/OR SECTION J>2 AND THIS SEC- 
TION, THE TERMS OF THIS SECTION SHALL PREVAIL. 

(III) IF THE PERFORMANCE OF THE RETIREMENT 
SYSTEM'S INVESTMENT FUNDS CAUSES A DECLINE IN 
THE VALUE OF THE PAID UP BENEFIT FUND AND THE 



432 ORDINANCES Ord. No. 954 

CONTINGENCY RESERVE FUND, WITH THE RESULT 
THAT FULL BENEFIT INCREASES PREVIOUSLY AC- 
CRUED UNDER THIS SECTION CANNOT BE CONTINUED, 
THEN THE TRUSTEES SHALL REDUCE OR ELIMINATE 
PREVIOUSLY ACCRUED INCREASES ON AN EQUAL 
PERCENTAGE BASIS, EFFECTIVE AS OF JANUARY 1 
FOLLOWING THE JUNE 30 ON WHICH A DEFICIT EX- 
ISTS. AN EQUAL PERCENTAGE REDUCTION SHALL BE 
MADE TO ALL BENEFITS GRANTED UNDER THIS SEC- 
TION REGARDLESS OF WHEN SUCH INCREASES WERE 
GRANTED. IF THE PAID UP BENEFIT FUND AND THE 
CONTINGENCY RESERVE FUND SHOULD BECOME EX- 
HAUSTED OR DECLINE IN VALUE TO THE POINT OF 
HAVING NO VALUE, PREVIOUSLY ACCRUED IN- 
CREASES SHALL BE ELIMINATED IN FULL. ANY EX- 
CESS INVESTMENT EARNINGS AVAILABLE UNDER (C) 
ABOVE IN A SUBSEQUENT YEAR SHALL BE USED TO 
PROVIDE AN INCREASE IN BENEFITS WITHOUT 
REGARD TO ANY PRIOR REDUCTION OR ELIMINATION 
OF BENEFIT INCREASES PREVIOUSLY ACCRUED. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT THIS 
ORDINANCE SHALL TAKE EFFECT AS OF JUNE 30, 1983. 

Approved May 31, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 954 
(Council No. 1479) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS-FIRE AND POLICE 
EMPLOYEES 

FOR the purpose of increasing benefits for certain retirees 
CERTAIN PRESENT AND FUTURE RETIREES AND 
CERTAIN PRESENT AND FUTURE BENEFICIARIES 
OF RETIREES contingent on performance of the Retirement 
System's investment funds. 



ORDINANCES 433 

BY adding 
Article 22 -Retirement Systems 
Subtitle -Fire and Police Employees 
Section 36A 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section 36A be added to Article 22 of the 
Baltimore City Code (1976 Edition, as amended) to read as 
follows: 

VARIABLE BENEFIT INCREASES 

36 A. Post retirement benefit increases to certain retirees and 
beneficiaries. Each retired Member or beneficiary who is receiv- 
ing periodic benefits pursuant to the provisions of the Retirement 
System may be eligible for an increase in the amount of such 
periodic benefits subject to the following provisions. 

(a) Eligibility. 

Each Member who — hets — retired from active service or 
beneficiary of a deceased or retired Member who is receiving 
periodic retirement benefits pursuant to the provisions of the 
Retirement System and has been receiving periodic payments for 
two (8) or more years may be eligible for an increase in the 
periodic benefit determined according to this Section. EACH 
MEMBER WHO HAS RETIRED FROM ACTIVE SERVICE, 
WHETHER BEFORE OR AFTER THE EFFECTIVE DATE 
OF THIS ORDINANCE AND EACH BENEFICIARY OF A 
DECEASED MEMBER WHO IS OR WILL BE RECEIVING 
PERIODIC RETIREMENT BENEFITS, WHETHER 
BEFORE OR AFTER THE EFFECTIVE DATE OF THIS 
ORDINANCE, AND WHO RECEIVES PERIODIC BENEFIT 
PAYMENTS FOR TWO (2) OR MORE YEARS MAY BE 
ELIGIBLE FOR AN INCREASE IN SUCH PERIODIC 
BENEFIT DETERMINED ACCORDING TO THIS SECTION 
36 A. Such two year period shall be calculated commencing with 
the effective date of the first retirement benefit payment paid to 
either the retired Member or the beneficiary of a deceased Member 
and shall be determined on June 30 of each year commencing with 
June 30, 1983. Years retired as a beneficiary of a former retired 
Member shall include the years that the Member was retired. 
Eligible Members and beneficiaries are also referred to herein as 
''persons". 

(b) Amount of Benefit Increase. As of the end of each Fiscal 
Year, a determination shall be made of the amount of increase (if 



434 



ORDINANCES 



Ord. No. 954 



any) of retirement benefit payments which may be payable to 
eligible persons. The amount of retirement benefit increase shall 
be calculated with reference to excess investment earnings of 
the Annuity Reserve Fund and the Pension Reserve Fund only, 
and according to the method described in (c) below. 

After determination of the amount of excess investment earn- 
ings available for retirement benefit increases, such excess in- 
vestment earnings shall be allocated to eligible retired Members 
and beneficiaries according to the following method. The percen- 
tage which the benefits shall be increased shall be determined by 
the actuary as the amount that the investment earnings deter- 
mined in (c) below would be sufficient to fund on a single 
premium paid up annuity basis using the actuarial valuation 
assumptions on the June 30th preceding the effective date of the 
increase. 

(i) Effective as of January 1, 1984, an increase may be 
payable to each retiree or beneficiary eligible pursuant to subsec- 
tion (a) of this Section as of June 30, 1983. 

(ii) Until the benefit increase objectives set forth in (Hi) 
below have been met, the allocation to eligible persons shall be 
made with reference to the number of full continuous years that 
each person has been receiving retirement benefits from this plan 
and the amount of each person's benefit being paid as of June 30, 
1983. A percentage factor will be determined by the actuary to in- 
crease benefits to those eligible. The percent increase in an eligible 
Member's or beneficiary's benefit will equal the percentage factor 
times full years which the Member or beneficiary has been receiv- 
ing benefits. No fractional years will be used. 

(Hi) The allocation method set forth in (ii) above shall apply 
only until the following benefit increase objectives have been met: 



date benefit 


percent 


date benefit 


percent 


payments began 


increase 


payments began 


increase 


7/1/80-6/30/81 


1.0% 


7/1/70-6/30/71 


11.0% 


7/1/79-6/30/80 


2.0% 


7/1/69-6/30/70 


12.0% 


7/1/78-6/30/79 


3.0% 


7/1/68-6/30/69 


13.0% 


7/1/77-6/30/78 


4.0% 


7/1/67-6/30/68 


14.0% 


7/1/76-6/30/77 


5.0% 


7/1/66-6/30/67 


15.0% 


7/1/75-6/30/76 


6.0% 


7/1/65-6/30/66 


16.0% 


7/1/74-6/30/75 


7.0% 


7/1/64-6/30/65 


17.0% 


7/1/73-6/30/74 


8.0% 


7/1/63-6/30/64 


18.0% 


7/1/72-6/30/73 


9.0% 


7/1/62-6/30/63 


19.0% 


7/1/71-6/30/72 


10.0% 


before 7/1/62 


20.0% 



ORDINANCES 435 

After the above objectives have been met, the allocation of new 
excess investment earnings shall be made without reference to the 
number of years any Member or beneficiary has been receiving 
benefits. The allocation to eligible persons shall then be made by 
the actuary on an equal percentage basis. 

(iv) For each June 30th after June 30, 1983, the determina- 
tion of the amount of excess investment earnings and allocation of 
such earnings to eligible persons shall be calculated using the ap- 
propriate method outlined in (ii) or (Hi) above with the amount of 
distribution and the allocation of such amount being calculated 
as of the end of the Fiscal Year, with any increase to commence ef- 
fective as of the following January 1. 

The benefit increase payable pursuant to this Section shall be 
payable in the same form as the basic benefit being received by the 
eligible person. 

(c) Amount of investment income to be used to increase benefits. 

Notwithstanding Section 35 as it applies to excess earnings, the 
amount of excess investment earnings available as of each June 30 
for an increase in benefits will be equal to the product of(i), (ii) 
and (Hi) below. Each item below EXCEPT FOR ITEM (II) 
UNDER THIS SUBSECTION (C) is determined as of each June 
30th beginning with June 30, 1983, and any benefit increase shall 
become effective as of the following January 1. ITEM (II) BELOW 
IS DETERMINED AS OF THE JUNE 30TH THA T IS EIGHT- 
EEN (18) MONTHS PRIOR TO THE EFFECTIVE DATE OF 
THE BENEFIT INCREASE, BEGINNING WITH JUNE 30, 
1982. 

(i) the dollar amount of net excess investment earnings 
determined on the following basis: 

Before the Reserve for Book Value is paid off net excess 
investment earnings shall be that portion of total fund earnings 
between 8% and 10 112% of average market value, plus one-half of 
the fund earnings in excess of 10 1/2%; 

after the Reserve for Book Value is paid off, net excess 
investment earnings shall be that portion of total fund earnings 
between 7 1/2% and 10% of average market value, plus one-half of 
fund earnings in excess of 10%. 

For purposes of the above calculations, earnings shall 
be net of investment expenses and include realized and unrealized 
gains and losses and all other sources of investment gains and 



436 ORDINANCES Ord. No. 954 

losses as shown in the actuary's report. The investment return 
used in this Section shall be based on the annual return as of each 
June 30, commencing with the year ending June 30, 1983. The 
average market value for the year shall equal one-half of the 
market value of the four funds as of the beginning of the year plus 
one- half of the market value of the funds as of the end of the year 
minus one-half of the earnings during the year. The earnings and 
market values of the funds for the purpose of this Section are 
assumed to be equal to the values contained in the actuary's 
report. Any later audit changes shall be ignored. 

(ii) the ratio of the sum of the Annuity Reserve Fund plus 
the Pension Reserve Fund to the sum of all four funds: Annuity 
Savings Fund, Annuity Reserve Fund, Pension Accumulation 
Fund, and the Pension Reserve Fund. 

(Hi) 3/4 on June 30, 1983 for the initial increase (if any) and 
31 h for each subsequent year until a contingency rcacmc CON- 
TINGENCY RESERVE FUND has been accumulated according 
to the following method. The remaining Ilk of excess investment 
earnings as of June 30, 1983, and each June 30 thereafter shall be 
set aside as a contingency — rcttervc fund CONTINGENCY 
RESERVE FUND until the value of such fund is at least equal to 
2 1/2% of the Annuity Reserve Fund and the Pension Reserve 
Fund as of the end of the most recent June 30. The contingency 
wocrvcfund CONTINGENCY RESERVE FUND shall serve as 
a reserve to insure payment of previously accrued benefit in- 
creases for any year in which the paid up benefit fund PAID UP 
BENEFIT FUND does not meet its interest assumption. While 
the Board of Trustees may fund increases through the establish- 
ment of a paid up benefit fund PAID UP BENEFIT FUND, it 
shall also have the option of funding any increases through the 
purchase of annuity contracts from one or more insurance com- 
panies. For each year when the contingency rcoervc fund CON- 
TINGENCY RESERVE FUND is not less than 2 1/2% of the An- 
nuity Reserve Fund and the Pension Reserve Fund, the 31 U frac- 
tion shall not apply and the amount available to increase benefits 
shall be the product of(i) and (ii). 

(D) PAID UP BENEFIT FUND AND CONTINGENCY 
RESERVE FUND. 

(I) THE EXISTENCE OF A PAID UP BENEFIT FUND 
AND A CONTINGENCY RESERVE FUND IS HEREBY 
SPECIFICALLY AUTHORIZED, SECTION 36 TO THE CON- 
TRARY NOTWITHSTANDING. 



ORDINANCES 437 

(II) THE PAID UP BENEFIT FUND SHALL BE THE 
PRIMARY FUND FROM WHICH SHALL BE PAID ALL 
BENEFIT INCREASES PROVIDED UNDER THIS SEC- 
TION. THE PAID UP BENEFIT FUND SHALL BE FUNDED 
WITH EXCESS INVESTMENT EARNINGS CONSISTENT 
WITH (C) ABOVE. FOR ANY YEAR IN WHICH THE IN- 
VESTMENT RETURN OF THE PAID UP BENEFIT FUND 
EXCEEDS THE INTEREST ASSUMPTION ON WHICH THE 
PURCHASE OF PAID UP BENEFITS IS BASED, SUCH EX- 
CESS SHALL REMAIN IN THE FUND AND THEREBY 
HELP INSURE PAYMENT OF PREVIOUSLY ACCRUED 
BENEFIT INCREASES. 

(III) THE CONTINGENCY RESERVE FUND SHALL 
BE A RESERVE TO INSURE PAYMENT OF PREVIOUSLY 
ACCRUED BENEFIT INCREASES FOR ANY YEAR IN 
WHICH THE PAID UP BENEFIT FUND DOES NOT MEET 
ITS INTEREST ASSUMPTION. SHOULD THERE BE A 
DEFICIT IN THE PAID UP BENEFIT FUND, THE BOARD 
OF TRUSTEES SHALL TRANSFER ASSETS FROM THE 
CONTINGENCY RESERVE FUND TO THE PAID UP 
BENEFIT FUND IN ORDER TO OFFSET SUCH DEFICIT. 
THE CONTINGENCY RESERVE FUND SHALL BE FUND- 
ED WITH EXCESS INVESTMENT EARNINGS CONSIS- 
TENT WITH (C) ABOVE. FOR ANY YEAR IN WHICH THE 
VALUE OF THE CONTINGENCY RESERVE FUND IS 
EQUAL TO OR EXCEEDS 2 1/2% OF THE ANNUITY 
RESERVE FUND AND THE PENSION RESERVE FUND, 
EARNINGS ON THE CONTINGENCY RESERVE FUND 
SHALL BE APPLIED BY THE BOARD OF TRUSTEES IN 
SUCH AMOUNT OR AMOUNTS AS THEY DETERMINE (1) 
TO DECREASE THE AMOUNT CONTRIBUTED BY THE 
CITY OF BALTIMORE, AND/OR (2) TO DECREASE THE 
PERIOD OVER WHICH THE UNFUNDED ACCRUED 
LIABILITY WILL BE AMORTIZED. 

(IV) THE BOARD SHALL HAVE THE DUTY AND 
RESPONSIBILITY OF PERIODIC ALL Y DETERMINING IN- 
VESTMENT POLICIES FOR THE PAID UP BENEFIT 
FUND AND THE CONTINGENCY RESERVE FUND, AND 
SUCH POLICIES SHALL BE CONSISTENT WITH THE 
LIMITATIONS SET FORTH IN THIS SECTION. 

(V) THE BOARD SHALL SEGREGATE OR INVEST 
SEPARATELY THE PAID UP BENEFIT FUND AND THE 



438 ORDINANCES Ord. No. 954 

CONTINGENCY RESERVE FUND. FURTHERMORE, 
WHILE THE BOARD IS EMPOWERED TO INVEST AND 
REINVEST SUCH FUNDS IN ANY CLASS OF INVEST- 
MENT SET FORTH AT SECTION 35, THE BOARD IS 
SPECIFICALLY EMPOWERED TO INVEST AND 
REINVEST THE PAID UP BENEFIT FUND AND/OR THE 
CONTINGENCY RESERVE FUND IN THE MEDIUM OF 
PAID UP ANNUITY CONTRACTS OR GUARANTEED IN- 
VESTMENT CONTRACTS PURCHASED FROM ONE OR 
MORE INSURANCE COMPANIES, PROVIDED THAT ANY 
SUCH INSURANCE COMPANY SHALL HAVE NO LESS 
THAN THE HIGHEST RATING FROM AM BEST COM- 
PANY OR A COMPARABLE COMPANY. IF, IN THE PUR- 
CHASE OF SUCH AN ANNUITY CONTRACT, THE SINGLE 
PREMIUM PAID UP ANNUITY COST OFFERED BY SUCH 
INSURANCE COMPANY RESULTS IN A COSTSA VINGS TO 
THE RETIREMENT SYSTEM, THE AMOUNT OF SUCH 
COST SA VINGS SHALL BE APPLIED BY THE BOARD IN 
SUCH AMOUNTS AS THEY DETERMINE (1) TO 
DECREASE THE AMOUNT CONTRIBUTED BY THE CITY, 
AND/ OR (2) TO DECREASE THE PERIOD OVER WHICH 
THE UNFUNDED ACCRUED LIABILITY WILL BE AMOR- 
TIZED. 

(E) BENEFIT INCREASES TO BE PAID ONLY FROM 
PAID UP BENEFIT FUND AND CONTINGENCY RESERVE 
FUND. 

(I) ANY BENEFIT INCREASE PROVIDED UNDER 
THIS SECTION SHALL BE FUNDED ON A SINGLE 
PREMIUM PAID UP ANNUITY BASIS. THE WORDS 
"SINGLE PREMIUM PAID UP ANNUITY BASIS" SHALL 
HAVE THE COMMON ACTUARIAL MEANING OF 
SPREADING THE AMOUNT AVAILABLE TO PROVIDE A 
BENEFIT OVER THE LIFETIME OF AN INDIVIDUAL IN 
THE FORM OF AN ANNUITY. IT IS INTENDED THAT ANY 
SUCH BENEFIT INCREASE SHALL CONTINUE FOR THE 
LIFETIME OF THE ELIGIBLE MEMBER AND ANY 
BENEFICIARY, CONSISTENT WITH ANY OPTION 
ELECTED UNDER SECTION 34. THE FOREGOING CON- 
TINGENCY RESERVE FUND HAS BEEN ESTABLISHED 
TO INSURE PAYMENT OF PREVIOUSLY ACCRUED 
BENEFIT INCREASES FOR ANY YEAR IN WHICH THE 
PAID UP BENEFIT FUND DOES NOT MEET ITS IN- 
TEREST ASSUMPTION. 



ORDINANCES 439 

(II) THE GRANTING OF ANY BENEFIT INCREASE 
UNDER THIS SECTION IS CONTINGENT ON THE PER- 
FORMANCE OF THE RETIREMENT SYSTEM'S INVEST- 
MENT FUNDS. THE CONTINUATION OF ANY BENEFIT 
INCREASE PREVIOUSLY ACCRUED UNDER THIS SEC- 
TION IS SPECIFICALLY MADE CONTINGENT ON THE 
ABILITY OF THE PAID UP BENEFIT FUND AND THE 
CONTINGENCY RESERVE FUND TO PROVIDE SUCH 
BENEFITS IN THE FUTURE. SECTION 37 AND SECTION 
h2 TO THE CONTRARY NOTWITHSTANDING, ANY 
BENEFIT INCREASE PROVIDED UNDER THIS SECTION 
SHALL NOT BECOME AN OBLIGATION OF THE CITY OF 
BALTIMORE. IN THE EVENT OF ANY CONFLICT BE- 
TWEEN SECTION 37 AND/OR SECTION >>2 AND THIS SEC- 
TION, THE TERMS OF THIS SECTION SHALL PREVAIL. 

(III) IF THE PERFORMANCE OF THE RETIREMENT 
SYSTEM'S INVESTMENT FUNDS CAUSES A DECLINE IN 
THE VALUE OF THE PAID UP BENEFIT FUND AND THE 
CONTINGENCY RESERVE FUND, WITH THE RESULT 
THAT FULL BENEFIT INCREASES PREVIOUSLY AC- 
CRUED UNDER THIS SECTION CANNOT BE CONTINUED, 
THEN THE TRUSTEES SHALL REDUCE OR ELIMINATE 
PREVIOUSLY ACCRUED INCREASES ON AN EQUAL 
PERCENTAGE BASIS, EFFECTIVE AS OF THE JANUARY 
1 FOLLOWING THE JUNE 30 ON WHICH A DEFICIT EX- 
ISTS. AN EQUAL PERCENTAGE REDUCTION SHALL BE 
MADE TO ALL BENEFITS GRANTED UNDER THIS SEC- 
TION REGARDLESS OF WHEN SUCH INCREASES WERE 
GRANTED. IF THE PAID UP BENEFIT FUND AND THE 
CONTINGENCY RESERVE FUND SHOULD BECOME EX- 
HAUSTED OR DECLINE IN VALUE TO THE POINT OF 
HAVING NO VALUE, PREVIOUSLY ACCRUED IN- 
CREASES SHALL BE ELIMINATED IN FULL. ANY EX- 
CESS INVESTMENT EARNINGS AVAILABLE UNDER (C) 
ABOVE IN A SUBSEQUENT YEAR SHALL BE USED TO 
PROVIDE AN INCREASE IN BENEFITS WITHOUT 
REGARD TO ANY PRIOR REDUCTION OR ELIMINATION 
OF BENEFIT INCREASES PREVIOUSLY ACCRUED. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT THIS 
ORDINANCE SHALL TAKE EFFECT AS OF JUNE 30, 1983. 

Approved May 31, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



440 ORDINANCES Ord. No. 955 

No. 955 
(Council No. 1509) 

AN ORDINANCE concerning 

BALTIMORE CITY COMMISSION FOR WOMEN 

FOR the purpose of creating a Commission for Women in 
Baltimore City and providing for its members, powers and 
duties 

BY adding to 
Article 1- Mayor, City Council and Municipal Agencies 
Sections 183-185 to be under the new subtitle "Baltimore 

CITY Commission for Women" 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1976 Edi- 
tion, as amended) be added, repealed or amended to read as 
follows: 

BALTIMORE CITY COMMISSION FOR WOMEN 

183. Commission. 

(a) Created; members. 

There is a Baltimore CITY Commission for Women which 
shall consist of twenty four (U) TWENTY-FIVE (25) members 
WHO ARE RESIDENTS OF BALTIMORE CITY appointed by 
the Mayor in accordance with Article IV, Section 6 of the 
Baltimore City Charter (1964 Revision, as amended). Members 
shall be appointed without regard to political affiliation. 

(b) Terms of Office, Compensation. 

(1) Commissioners shall serve for a term of three FOUR 
years except for the initial appointments. One-third of the initial 
members shall be appointed for two THREE years and one-third 
shall be appointed for one year TWO YEARS. (2) Members shall 
receive no compensation for their services. 

(c) Vacancies. 

(1) Any vacancy in the membership of the Commission shall 
be filled by the Mayor pursuant to the Baltimore City Charter, 



ORDINANCES 441 

Article IV, Section 6 (1964 Revision, as amended). (2) A member 
serves until his or her successor is appointed and qualifies. (3) A 
member appointed to fill a vacancy in an unexpired term or to 
succeed a member who is holding over serves only for the re- 
mainder of that term. 

(d) Failure of Member to Attend Meetings. 

If any member is absent more than three times in one year, 
not counting absences excused by the Commission Chairperson, 
the Chairperson shall recommend to the Mayor that the members 
appointment be terminated. 

(e) Officers. 

The Chairperson of the Commission shall be appointed by 
the Mayor FROM A LIST OF CANDIDATES WHO ARE COM- 
MISSION MEMBERS SUBMITTED TO HIM BY THE COM- 
MISSION. Members of the Commission may select any other of- 
ficers they deem necessary. 

(j) Committees. 

The Chairperson of the Commission may, with the ap- 
proval of the majority of the Commission members, appoint com- 
mittees to assist in carrying out any of the functions and duties of 
the Commission. Any committees thus appointed shall consist of 
not less than three members. The Chairperson may also appoint 
advisory committees of citizens and at least one Commission 
member. Regular or advisory committee actions shall not be 
deemed to be the action of the Commission unless expressly 
ratified. 

(g) Operations. 

The Commission shall meet at the call of the Chairperson as 
frequently as required to perform its duties, but not less than once 
each month. A majority of the members of the Commission shall 
constitute a quorum for the transaction of business and an af- 
firmative vote by the majority of a quorum shall be sufficient for 
any official action. The Commission may adopt a set of rules to 
govern its own meetings and procedures. 

184. Commission Personnel. 

(a) Executive Director, staff. 

The Mayor shall appoint a properly qualified person as Ex- 
ecutive Director of the Commission, to be an officer of the Mayor 
and City Council of Baltimore, in accordance with Article IV, 



442 ORDINANCES Ord. No. 955 

Section 6 of the Baltimore City Charter for a term of four years. 
The Executive Director thus appointed shall receive such salary 
as may be provided in the Ordinance of Estimates. The Executive 
Director shall be authorized to employ such assistants as shall be 
necessary to carry out her or his duties. Such assistants shall be 
members of the classified service. The Executive Director shall ex- 
pend such funds as may be provided in the Ordinance of 
Estimates. The Executive Director shall perform the duties 
prescribed by the Commission. 

(b) Volunteers; consultants. 

The Commission may engage the services of volunteer 
workers and consultants without salary as they may deem 
necessary from time to time. 

185. Powers and duties. 

The Baltimore CITY Commission for Women is empowered to 
undertake the following: 

(a) Develop an information and referral system for all services 
in the City related to women and recommend other services when 
a need for such services is determined. 

(b) Serve as the focus and forum for the identification and 
amelioration of the unique problems faced by women in our socie- 
ty and on any practice of discrimination or prejudice that exists 
because of gender. 

(c) Conduct research, policy analysis, and public information 
and education programs and activities to assist in addressing the 
needs of women and to institute and conduct other programs, 
meetings and conferences to promote equal rights and oppor- 
tunities for all women. Such programs and activities shall ad- 
dress the special needs of women related to race, age, national 
origin, religious preference, disability, sexual preference, 
physical characteristics, marital status, reproductive health, 
and economic status. 

(d) Review and monitor the conditions of women in the 
workforce in Baltimore City, and to make recommendations 
promoting equal pay for work of equal value and equitable 
representation by women in all job levels and to direct attention 
to the problems facing women in the workforce. 

(e) Advise and counsel the residents of Baltimore City, the City 
Council, the Mayor, and the various departments and agencies of 
the city, state, and federal governments on all matters involving 



ORDINANCES 443 

women's lives and to recommend such programs and legislation 
as it deems necessary and proper to promote and ensure equal 
rights, equal opportunities, and equal access to services for all 
persons regardless of gender. 

(f) Review and evaluate the impact of existing and proposed 
policies and programs and legislation affecting women. 

(g) Work to remove inequalities due to discrimination or prej- 
udice on the basis of gender in such areas as housing, recreation, 
employment, education, community services, criminal justice, 
financing, credit, insurance, and related matters. 

(h) Monitor City government so as to ensure the equitable 
representation of women on all City boards and commissions. 

SEC. 2. And be it further ordained, That this Ordinance shall 
take effect on the date of its passage. 

Approved June 6, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 956 
(Council No. 1456) 

AN ORDINANCE concerning 

CITY PROPERTY -OPENING, GRADING, CONSTRUCTION 

AND MAINTENANCE OF A PROPOSED 36 FOOT STREET 

AND PROPOSED WHITTINGTON AVENUE 

FOR the purpose of authorizing the acquisition by purchase or 
condemnation by the Mayor and City Council of Baltimore of 
the fee simple interests or such other interests as the Director 
of The Department of Public Works may deem necessary or 
sufficient, in and to certain pieces or parcels of land situate in 
Baltimore City, for highway purposes, namely for the opening, 
grading, construction and maintenance of (1) a Proposed 36 
Foot Street, extending from Tolley Street southeasterly to 
Proposed Whittington Avenue and (2) Proposed Whittington 
Avenue, extending from a Proposed 36 Foot Street north- 
easterly to the end thereof and authorizing the acquisition by 



444 ORDINANCES Ord. No. 956 

purchase or condemnation of any property, rights, interests, 
easements and/or franchises necessary in the opening, 
grading, construction and maintenance of said streets;. and 
authorizing the making of all necessary agreements concern- 
ing said streets; and authorizing the construction of said 
streets; the location and course of said streets being shown on 
a plat thereof numbered 343-A-1A, prepared by the Surveys 
and Records Division and filed in the Office of the Director of 
The Department of Public Works on the Nineteenth (19th) day 
of January, 1983. 

BY authority of 
Article I -General Provisions 
Section - 4 

Article II -General Provisions 
Section -2 
Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or con- 
demnation for public highway purposes, namely, for the open- 
ing, grading, construction and maintenance of (1) a Proposed 36 
Foot Street, extending from Tolley Street southeasterly to Pro- 
posed Whittington Avenue and (2) Proposed Whittington 
Avenue, extending from a Proposed 36 Foot Street northeaster- 
ly to the end thereof; the fee simple interests or such other in- 
terests as the Director of the Department of Public Works may 
deem necessary, in and to the pieces or parcels of land, situate in 
Baltimore City, including the improvements thereon, bounded 
as follows: 

Beginning for Parcel No. 1 at a bend in the east side of a Pro- 
posed 36 Foot Street distant South ll°-ll'-00" East 55.13 feet 
measured along the east side of said Proposed Street from the 
southeast side of Tolley Street, as now laid out 50 feet wide and 
running thence binding on the northeast side of said Proposed 
36 Foot Street and on the northeast side of an existing 16 foot 
alley, South 47°-33'-00" East 433.61 feet to the southeastern- 
most extremity of said existing 16 foot alley; thence binding on 
the southeasternmost extremity of said existing 16 foot alley, 
South 42°-27'-00" West 16 feet to the southwest side of said ex- 
isting 16 foot alley; thence binding on the southwest side of said 
existing 16 foot alley, North 47°-33'-00" West 411.88 feet to the 
westernmost extremity of said existing 16 foot alley and thence 
binding on the westernmost extremity of said existing 16 foot 



ORDINANCES 445 

illey, North ll°-ll'-00" West 26.98 feet to the place of begin- 
ning. 

Beginning for Parcel No. 2 at the point formed by the intersec- 
:ion of the southwest side of Parksley Avenue, as now laid out 60 
feet wide and the northwest side of Proposed Whittington 
\venue, 36 feet wide and running thence binding on the 
southwest side of said Parksley Avenue, South 47°-33'-00" East 
L6 feet to intersect the southwest side of an existing 16 foot 
illey; thence binding on the southwest side of said existing 16 
foot alley, South 42°-27'-00" West 89 feet to intersect the north- 
east side of a Proposed 36 Foot Street; thence binding on the 
lortheast side of said Proposed 36 Foot Street, North 
l7°-33'-00" West 26 feet to intersect the north side of Proposed 
Whittington Avenue, varying in width; thence binding on the 
lorth side of last said Proposed Whittington Avenue and on the 
lorth side of an existing alley, varying in width, North 
*7°-27'-00" East 14.14 feet to the northwest side of Proposed 
(Vhittington Avenue, mentioned firstly herein, and thence bind- 
ng on the northwest side of Proposed Whittington Avenue, 
nentioned firstly herein, and on the northwest side of an ex- 
sting 16 foot alley, North 42°-27'-00" East 79 feet to the place of 
>eginning. 

Beginning for Parcel No. 3 at the point formed by the intersec- 
;ion of the northeast side of Parksley Avenue, as now laid out 60 
foet wide and the northwest side of Proposed Whittington 
\venue, 36 feet wide and running thence binding on the north- 
vest side of said Proposed Whittington Avenue and on the 
lorthwest side of an existing 16 foot alley, North 42°-27'-00" 
East 193 feet to intersect the southwest side of Whistler 
\venue, as now laid out 60 feet wide; thence binding on the 
southwest side of said Whistler Avenue, South 47°-33'-00" East 
16 feet to intersect the southeast side of said existing 16 foot 
illey; thence binding on the southeast side of said existing 16 
foot alley, South 42°-27'-00" West 193 feet to intersect the north- 
east side of said Parksley Avenue and thence binding on the 
northeast side of said Parksley Avenue, North 47°-33'-00" West 
16 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the intersec- 
tion of the northeast side of Whistler Avenue, as now laid out 60 
feet wide and the northwest side of Proposed Whittington 
Avenue, 36 feet wide and running thence binding on the north- 
west side of said Proposed Whittington Avenue and on the 



446 ORDINANCES Ord. No. 956 

northwest side of an existing 16 foot alley, North 42°-27'-00" 
East 193 feet to intersect the southwest side of Harman Avenue, 
as now laid out 60 feet wide; thence binding on the southwest 
side of said Harman Avenue, South 47°-33'-00" East 16 feet to 
intersect the southeast side of said existing 16 foot aliey; thence 
binding on the southeast side of said existing 16 foot alley, South 
42°-27'-00" West 193 feet to intersect the northeast side of said 
Whistler Avenue and thence binding on the northeast side of 
said Whistler Avenue, North 47°-33'-00" West 16 feet to the 
place of beginning. 

Beginning for Parcel No. 5 at the point formed by the intersec- 
tion of the northeast side of Harman Avenue, as now laid out 60 
feet wide and the northwest side of Proposed Whittington 
Avenue, 36 feet wide and running thence binding on the north- 
west side of said Proposed Whittington Avenue and on the 
northwest side of an existing 16 foot alley, North 42°-27'-00" 
East 104.5 feet to the northeasternmost extremity of said ex- 
isting 16 foot alley; thence binding on the northeasternmost ex- 
tremity of said existing 16 foot alley, South 47°-33'-00" East 16 
feet to intersect the southeast side of said existing 16 foot alley; 
thence binding on the southeast side of said existing 16 foot 
alley, South 42°-27'-00" West 104.5 feet to intersect the north- 
east side of said Harman Avenue and thence binding on the 
northeast side of said Harman Avenue, North 47°-33'-00" West 
16 feet to the place of beginning. 

All courses and distances in the above description are referred 
to the true meridian as adopted by the Baltimore Survey Control 
System. 

Including all property, rights, interests, easements and/or 
franchises necessary in the opening, grading, construction and 
maintenance of said streets, the location and course of said 
streets being shown on a plat thereof numbered 343-A-1A, 
prepared by the Surveys and Records Division and filed in the 
Office of The Director of The Department of Public Works on 
the Nineteenth (19th) day of January, 1983. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this Ordinance or on the plat referred to 
herein are for the purpose of description only, and shall not be 
held or taken to be any evidence whatever that said streets, 
roads, avenues, highways, alleys or any of them, are public, 
dedicated or private thoroughfares. 



ORDINANCES 447 

SEC. 2. And be it further ordained, That the Director of The 
Department of Public Works or the person or persons the Board 
)f Estimates of Baltimore City may hereafter from time to time 
iesignate, is or are hereby authorized to acquire on behalf of the 
Mayor and City Council of Baltimore, and for the purposes 
iescribed in this Ordinance, the fee simple interests or such 
)ther interests as the said Director may deem necessary or suffi- 
cient, in and to said pieces or parcels of land and improvements 
thereupon, including all property, rights, interests, easements 
md/or franchises necessary in the opening, grading, construc- 
:ion and maintenance of said Proposed 36 Foot Street and Pro- 
posed Whittington Avenue. If the said Director of The Depart- 
ment of Public Works, or person or persons the Board of 
Estimates of Baltimore City may designate are unable to agree 
vith the owner or owners on the purchase price of any of the 
said pieces or parcels of land and improvements thereupon or for 
iny of the said properties, rights, interest, easements and/or 
ranchises, they shall forthwith notify the City Solicitor of 
Baltimore City who shall thereupon institute in the name of the 
Mayor and City Council of Baltimore the necessary legal pro- 
ceedings to acquire by condemnation the fee simple interests or 
;uch other rights, interests, easements and/or franchises as the 
>aid Director may deem necessary or sufficient for the purposes 
)f said Proposed 36 Foot Street and Proposed Whittington 
\ venue Project. 

SEC. 3. And be it further ordained, That the proceedings for 
;he acquisition by condemnation of the property and rights 
lerein described and the rights of all parties interested or af- 
? ected thereby shall be regulated by and be in accordance with 
;he provisions of The Real Property Article of The Annotated 
Hode of Maryland (1974), Title 12, Section 101 Et Seq. and any 
md all amendments thereto. 

SEC. 4. And be it further ordained, That the said Director of 
rhe Department of Public Works or person or persons the Board 
)f Estimates of Baltimore City may designate are also hereby 
authorized to negotiate for and to enter into in the name of the 
Mayor and City Council of Baltimore, any and all necessary 
agreements with the Federal and State Governments, or any of 
their agencies, and any other persons, firms or corporations, in 
aid of, in furtherance of, or in connection with said Proposed 36 
Foot Street and Proposed Whittington Avenue Project; all such 
acquisitions and agreements to be subject to the approval of the 
Board of Estimates. 



448 ORDINANCES Ord. No. 957 

SEC. 5. And be it further ordained, That after the necessary 
agreements have been made and the necessary properties, 
lands, rights, easements and/or franchises have been acquired as 
hereinbefore provided, the Director of The Department of Public 
Works of Baltimore City is hereby authorized and directed to 
construct or cause to be constructed the said Proposed 36 Foot 
Street and Proposed Whittington Avenue Project, all in accord- 
ance with detailed plans hereafter to be prepared therefore and 
after said plans have been approved by the said Director of The 
Department of Public Works. 

SEC. 6. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved June 13, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 957 
(Council No. 1517) 

AN ORDINANCE concerning 

URBAN RENEWAL- FRANKLIN SQUARE - 
AMENDMENT 1 TO THE RENEWAL PLAN 

FOR the purpose of amending the Urban Renewal Plan for 
Franklin Square to, among other things, (1) authorize the ac- 
quisition of certain properties by the Mayor and City Council 
of Baltimore; (2) prohibit the cleaning of masonry facades by 
means of sandblasting; (3) revise certain provisions on "Signs 
and Exterior Lighting" and "Compliance" in the Property 
Rehabilitation Standards; (4) provide a penalty for violating 
the requirement on sandblasting and the revised Property 
Rehabilitation Standards; (5) revise the provisions regarding 
permitted land uses; (6) revise and/or add standards and con- 
trols for certain disposition lots; (7) change the land use of cer- 
tain properties; (8) recommend the closing of certain alleys or 
portions thereof; (9) create certain new Disposition Lots; (10) 
provide that approval of Amendment No. 1 shall not be con- 
strued as an enactment of the amendment to the Zoning Or- 
dinance proposed herein; (11) revise and/or delete certain Ap- 
pendices and Exhibits attached to the Plan to reflect the 



ORDINANCES 449 

changes provided herein; (12) waive such requirements, if any, 
as to content or procedure for the preparation, adoption, and 
approval of renewal plans as set forth in Article 13 of the 
Baltimore City Code (1976 Edition, as amended) which the 
Renewal Plan for Franklin Square may not meet; (13) provide 
for the separability of the various parts and applications of this 
Ordinance; (14) provide that where the provisions of this 
Ordinance shall conflict with any other ordinance, code or 
regulation, in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and (15) 
provide for an effective date hereof. 

WHEREAS, an Urban Renewal Plan for Franklin Square was 
approved by the Mayor and City Council of Baltimore by 
Ordinance No. 831, dated July 19, 1978; and 

WHEREAS, pursuant to Article 13 of the Baltimore City Code 
(1976 Edition, as amended), no substantial change or changes 
shall be made in any renewal plan after approval by ordinance, 
without such change or changes first being adopted and ap- 
proved in the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely the preparation of such 
change or changes by the Department of Housing and Commun- 
ity Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adop- 
tion by an ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner set 
forth in said Article 13; and 

WHEREAS, extensive changes in the Renewal Plan for 
Franklin Square make it infeasible to make line-by-line changes; 
therefore, the Department of Housing and Community Develop- 
ment has prepared an amended Urban Renewal Plan for 
Franklin Square to incorporate the changes proposed in Amend- 
ment No. 1; and 

WHEREAS, said Amendment No. 1 to the Renewal Plan for 
Franklin Square has been approved by the Director of the 
Department of Planning with respect to its conformity as to the 
Master Plan, the detailed location of any public improvements 
proposed in the amended Renewal Plan, its conformity to the 
rules and regulations for subdivisions, and all zoning changes 
proposed in said amended Plan, and said amended Renewal Plan 
for Franklin Square has been approved and recommended to the 
Mayor and City Council of Baltimore by the Commissioner of the 



450 ORDINANCES Ord. No. 957 

Department of Housing and Community Development; now, 
therefore, 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the amended Urban Renewal Plan for Franklin 
Square, identified as "Urban Renewal Plan, Franklin 
Square . . . revised to include Amendment No. 1, dated 
February 1, 1983 AND REVISED MAY 19, 1983", having been 
duly reviewed and considered, is hereby approved and the Clerk 
of the City Council is hereby directed to file a copy of said Urban 
Renewal Plan, revised to include Amendment No. 1, with the 
Department of Legislative Reference as a permanent public 
record and to make the same available for public inspection and 
information. 

SEC. 2. And be it further ordained, That it is necessary to ac- 
quire by purchase or by condemnation, for urban renewal pur- 
poses, the fee simple interest or any lesser interest in and to the 
following properties, together with all right, title, interest and 
estate that the owner or owners of said property interests may 
have in all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Maryland. 

1408 W. Baltimore Street 
1410 W. Baltimore Street 
1412 W. Baltimore Street 
1502 W. BALTIMORE STREET 
1504 W. Baltimore Street 
1506 W. Baltimore Street 
1508 W. Baltimore Street 
1510 W. BALTIMORE STREET 
1512 W. Baltimore Street 
1514 W. BALTIMORE STREET 
1516 W. BALTIMORE STREET 
1521 W. Baltimore Street 
1527 W. Baltimore Street 
• 1529 W. Baltimore Street 

22 N. BRUCE STREET 
24 N. BRUCE STREET 
26 N. BRUCE STREET 
28 N. BRUCE STREET 
30 N. BRUCE STREET 



ORDINANCES 451 



32 N. BRUCE STREET 
34 N. BRUCE STREET 

21 N. Calhoun Street 
217 N. Calhoun Street 
219 N. Calhoun Street 
221 N. Calhoun Street 
223 N. Calhoun Street 
225 N. Calhoun Street 
227 N. Calhoun Street 
229 N. Calhoun Street 
231 N. Calhoun Street 



1324 W. 


Fairmount Avenue 


1503 W. 


Fairmount Avenue 


1505 W 


Fairmount Avenue 


1507 W. 


Fairmount Avenue 


1509 W. 


Fairmount Avenue 


1511 W. 


FAIRMOUNT AVENUE 


1513 W. 


Fairmount Avenue 


1515 W. 


Fairmount Avenue 


1517 W. 


Fairmount Avenue 


1519 W. 


Fairmount Avenue 


1522 W. 


Fairmount Avenue 


1524 W. 


Fairmount Avenue 


1526 W. 


Fairmount Avenue 


1528 W. 


Fairmount Avenue 


1530 W. 


Fairmount Avenue 


1532 W. 


Fairmount Avenue 


1315 W. 


Fayette Street 


1317 W. 


Fayette Street 


1321 W. 


Fayette Street 


1323 W. 


Fayette Street 


1325 W. 


Fayette Street 


1327 W. 


Fayette Street 


1511 W. 


Fayette Street 


1512 W. 


Fayette Street 


1513 W. 


Fayette Street 


1515 W. 


Fayette Street 


1516 W. 


Fayette Street 


1517 W. 


Fayette Street 


1525 W. 


Fayette Street 


1527 W. 


Fayette Street 


1528 W. 


Fayette Street 



452 ORDINANCES Ord. No. 957 

1532 W. Fayette Street 



13 N. i 


GILMOR STREET 


15 N. i 


GILMOR STREET 


17 N.i 


GILMOR STREET 


200 N. 


GILMOR STREET 


202 N. 


GiJmor Street 


204 N. 


Gilmor Street 


206 N. 


Gilmor Street 


207 N. 


Gilmor Street 


208 N. 


Gilmor Street 


209 N. 


Gilmor Street 


210 N. 


Gilmor Street 


211 N. 


Gilmor Street 


212 N. 


Gilmor Street 


213 N. 


Gilmor Street 


214 N. 


Gilmor Street 


215 N. 


Gilmor Street 


216 N. 


Gilmor Street 


217 N. 


GILMOR STREET 


218 N. 


Gilmor Street 


219 N. 


GILMOR STREET 


220 N. 


Gilmor Street 


221 N. 


GILMOR STREET 


222 N. 


Gilmor Street 


223 N. 


GILMOR STREET 


224 N. 


Gilmor Street 


225 N. 


Gilmor Street 


226 N. 


Gilmor Street 


227 N. 


Gilmor Street 


228 N. 


Gilmor Street 


229 N. 


Gilmor Street 


230 N. 


Gilmor Street 


231 N. 


Gilmor Street 


232 N. 


Gilmor Street 


233 N. 


Gilmor Street 


234 N. 


Gilmor Street 


235 N. 


Gilmor Street 


236 N. 


GILMOR STREET 


237 N. 


Gilmor Street 


239 N. 


Gilmor Street 


241 N. 


Gilmor Street 


243 N. 


Gilmor Street 


245 N. 


Gilmor Street 



ORDINANCES 453 



1500 W. Lexington Street 

1501 W. LEXINGTON STREET 

1502 W. Lexington Street 

1503 VV. Lexington Street 

1504 W. Lexington Street 

1505 W. Lexington Street 

1506 W. Lexington Street 

1507 W. Lexington Street 

1508 W. Lexington Street 

1509 W. Lexington Street 

1510 W. Lexington Street 

1511 W. Lexington Street 

1512 W. Lexington Street 
1514 W. Lexington Street 
1516 W. Lexington Street 
1518 W. Lexington Street 
1606 W. Lexington Street 
1608 W. Lexington Street 
1610 W. Lexington Street 

209 N. Mount Street 
211 N. Mount Street 
213 N. Mount Street 
215 N. Mount Street 
217 N. Mount Street 
225 N. Mount Street 
225V 2 N. Mount Street 
229/39 N. Mount Street 



201 N. 


Parrish Street 


203 N. 


Parrish Street 


205 N. 


Parrish Street 


207 N. 


Parrish Street 


209 N. 


Parrish Stieet 


211 N. 


Parrish Street 


213 N. 


Parrish Street 


215 N. 


Parrish Street 


217 N. 


Parrish Street 


219 N. 


Parrish Street 


221 N. 


Parrish Street 


223 N. 


Parrish Street 


225 N. 


Parrish Street 


227 N. 


Parrish Street 



229 N. Parrish Street 



454 



ORDINANCES 



Ord. No. 957 



230 N. Parrish Street 

231 N. Parrish Street 
233 N. Parrish Street 
235 N. Parrish Street 
237 N. Parrish Street 

1501 W. Saratoga Street 
1503 W. Saratoga Street 
1505 W. SARATOGA STREET 
1507 W. SARATOGA STREET 
1509 W. SARATOGA STREET 
1511 W. SARATOGA STREET 
1513 W. Saratoga Street 
1515 W. Saratoga Street 
1517 W. Saratoga Street 
1519 W. Saratoga Street 
1521 W. Saratoga Street 
1523 W. Saratoga Street 
1525 W. Saratoga Street 



14 N. 
16 N. 
18 N. 
20 N. 
202 N 
204 N 
206 N 
208 N 
210 N 
212 N 
214 N 
216 N 
218 N 
220 N 
222 N 
224 N 
226 N 
228 N 
230 N 
232 N 
234 N 



Strieker Street 
Strieker Street 
Strieker Street 
Strieker Street 



Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 
Str 



cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 
cker Street 



203/11 N. Vincent Street 
206 N. Vincent Street 
208 N. Vincent Street 
210 N. Vincent Street 



ORDINANCES 455 

212 N. Vincent Street 
213/17 N. VINCENT STREET 
219 N. Vincent Street 
221 N. Vincent Street 
223 N. Vincent Street 
225 N. Vincent Street 
227/33 N. Vincent Street 
237 N. Vincent Street 

property on the west side of N. Woodyear Street at the rear 
of 219 N. Calhoun Street (Lot 54, Block 168, Section 14, 
Ward 19) 

SEC. 3. And be it further ordained, That the Real Estate Ac- 
quisition Division of the Department of the Comptroller, or such 
person or persons and in such manner as the Board of 
Estimates, in the exercise of the power vested in it by Article V, 
Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire on behalf 
of the Mayor and City Council and for the purposes described in 
this Ordinance, the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, and 
in such manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5 of the Baltimore City 
Charter may hereafter from time to time designate, is or are 
unable to agree with the owner or owners on the purchase price 
for said properties or portions thereof, it or they shall forthwith 
notify the City Solicitor of Baltimore City, who shall thereupon 
institute in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemnation the 
fee simple interest or any lesser interest in and to said proper- 
ties or portions thereof. 

SEC. 4. And be it further ordained, That cleaning of masonry 
facades by means of sandblasting shall not be permitted in the 
Franklin Square area, except where sandblasting is determined 
by the Commissioner of the Department of Housing and Com- 
munity Development to be the only feasible means of surface 
cleaning of masonry and where, in his opinion, it will not cause 
damage to historic building materials. 



456 ORDINANCES Ord. No. 957 

SEC. 5. And be it further ordained, That the sections on "Signs 
and Exterior Lighting" and on "Compliance" in the Non- 
Residential Rehabilitation Standards contained in the Urban 
Renewal Plan for Franklin Square in an Appendix entitled 
"Property Rehabilitation" shall be revised in order to remove all 
requirements relating to content of signs, to allow the Commis- 
sioner of the Department of Housing and Community Develop- 
ment to waive compliance with one or more property rehabilita- 
tion standards if the improvements do not adversely affect the 
objectives for property rehabilitation, and to make certain 
technical corrections. 

A. The section entitled "(e) Signs and Exterior Lighting" shall 
be revised; therefore, line 33 on page 13 through and including 
line 6 on page 15 of Section 10 of Ordinance 831, dated July 19, 
1978 are hereby amended to read as follows: 

"(e) Signs and Exterior Lighting -The following re- 
quirements shall be applied to all shopfronts: 

[i. Except for billboards, no signs other than those 
identifying the property where they are installed or identifying 
the business conducted within shall be permitted and advertising 
by material or product manufacturers shall not be permitted ex- 
cept as the primary identification of the establishment.] 

i. [ii.] Rooftop signs, above the parapet of the building, 
[billboards or outdoor advertising signs painted or mounted] ex- 
cept for billboards shall not be permitted. 

ii. [iii.] Flashing or moving signs shall not be per- 
mitted. 

Hi. [iv.] Except for billboards, all non-conforming 
signs on building fronts shall be removed at the time rehabilita- 
tion work is undertaken, and all non-conforming signs other 
than on building fronts shall be removed within twelve (12) 
months after the passage of [the ordinance approving this Plan] 
Ordinance No. 831, approved July 19, 1978. 

iv. [v.] When the rehabilitation work is undertaken on 
building fronts, all new flat signs will be erected parallel to the 
face of building and shall be incorporated in the design of the 
shopfront. If the shopfront design includes a cornice, the sign 
shall be incorporated in the cornice design or shall be placed in 



ORDINANCES 457 

the shop window. If a shopfront cornice is not used, the sign 
shall be placed either in the shop window or on the portion of the 
building facade above the shop window and below the sill of the 
second floor windows. 

v. [vi.] Signs may be printed on the inside surface of 
the shopfronts but must be designed to be compatible with the 
design of the entire facade. Signs painted on the facade or on the 
inside glass should be limited to lettering no greater than 6" in 
height. When these signs are the only identifying sign for the 
property, they can use 12" lettering. These signs shall not exceed 
20% of the area of the shopfront window. 

vi. [vii.] Signs may be a maximum of 36" high and pro- 
ject not more than 12" from the outside face of the exterior wall. 
All signs shall be designed to be harmonious with the design of 
the building facade and the neighboring structures. 

vii. [viii.] Sign lettering shall be constructed of 
materials compatible with the character of the building. 

viii. [ix.] No future signs will be permitted to be 
mounted at right angles to the face of the building. 

ix. [x. Secondary signs shall be permitted for the iden- 
tification of commercial tenants occupying the upper floors of a 
building. Such] Secondai*y signs shall not project more than one 
inch beyond the face of the building and shall not be greater than 
three square feet in size. These signs shall be designed to be har- 
monious with the facade of the building and shall be placed no 
higher than the sill of the second story window. 

x. [xi.] Signs may be incorporated in the design of any 
awning included in the design of a shopfront provided such signs 
are compatible with both the design of the building and the 
awning. 

xi. [xii.J Exterior lighting shall be limited to lighting 
fixtures designed to be in harmony with the character of the 
buildings and the street. Such fixtures shall be mounted in the 
entrance ways and on the front facade of the building. Flood 
lighting concealed above a shopfront cornice may be used to 
light the facades of the building. Lighting of the shops will be en- 
couraged during the evening hours at times agreed upon by the 
Merchants' Association. 



458 ORDINANCES Ord. No. 957 

xii. [xiii.] Lighting of the facades of the buildings may 
be accomplished with projecting fixtures at the roofline or at the 
shopfront cornice line. Such fixtures shall be inconspicuous, har- 
monious with the design of the building and project no more 
than 24" from the face of the building. 

xiii. [xiv.] "Temporary signs" may be displayed within 
shopfront windows provided that these signs are not larger than 
one-third the square foot area of the window in which they are 
displayed and are on display not more than thirty consecutive 
days. 

[xv. No private sign shall be permitted except as al- 
lowed in these guidelines or as otherwise authorized by the 
Department of Housing and Community Development.] 

xiv. [xvi] Electrical elements such as wires, conduits, 
junction boxes, transformers, ballasts, switches, and panel 
boxes shall be concealed from view." 

B. The section entitled "(1) Compliance" shall be revised; 
therefore, line 6 through and including line 19 on page 17 of 
Section 10 of Ordinance 831, dated July 19, 1978 are hereby 
amended to read as follows: 

"(1) Compliance 

No alteration or improvement work shall be undertaken after 
enactment of [the ordinance approving this Plan] Ordinance No. 
831, approved July 19, 1978 which does not conform with the re- 
quirements herein. However, the Commissioner of the Depart- 
ment of Housing and Community Development may waive com- 
pliance with one or more of these standards provided the pro- 
posed improvements do not adversely affect the Property 
Rehabilitation Objectives for the Franklin Square Urban 
Renewal Area. 

Nothing herein shall be construed to permit any sign, con- 
struction, alteration, change, repair, use or any other matter 
otherwise forbidden or restricted or controlled by any other 
public law. 

The work necessary to meet the requirements herein shall be 
undertaken within two years from the date of enactment of [the 
ordinance approving this Plan] Ordinance No. 831, approved 
July 19, 1978 and shall be completed promptly in accordance 



ORDINANCES 459 

with notice from the Commissioner of the Department of Hous- 
ing and Community Development." 

SEC. 6. And be it further ordained, That any person violating 
the provisions contained in Sections 4 and 5 of this Ordinance 
shall be guilty of a misdemeanor and shall be subject to a fine not 
exceeding One Hundred Dollars ($100.00) and that each day's 
violation shall constitute a separate offense. 

SEC. 7. And be it further ordained, That the revised language 
on non-conforming uses, the additional provisions on non- 
complying uses, and certain technical corrections as contained in 
the amended Urban Renewal Plan in Section B.l entitled "Per- 
mitted Uses" are hereby approved. 

SEC. 8. And be it further ordained, That the revised standards 
and controls for certain existing disposition, lots and the added 
standards and controls for a newly created disposition lot, as 
contained in the amended Urban Renewal Plan under Section 
B.2.a entitled "Provisions Applicable to All Land and Property 
to be Acquired" are hereby approved. 

SEC. 9. And be it further ordained, That the proposed land use 
changes shown in the amended Urban Renewal Plan on Exhibit 
1-Land Use Plan Map, dated as revised February 1, 1983, are 
hereby approved. 

SEC. 10. And be it further ordained, That certain alleys or por- 
tions thereof are recommended to be closed as part of the 
residential developments shown on the revised map exhibits at- 
tached to the Urban Renewal Plan. 

SEC. 11. And be it further ordained, That certain disposition 
lots shall be created, as shown in the amended Urban Renewal 
Plan on Exhibit 3 -Land Disposition Map, dated as revised 
February 1, 1983. 

SEC. 12. And be it further ordained, That the approval of 
Amendment No. 1 to the Urban Renewal Plan for Franklin 
Square shall not be construed as an enactment of the amend- 
ments to the Zoning Ordinance of Baltimore City that are shown 
in the amended Urban Renewal Plan on Exhibit 4 -Zoning 
Districts Map, dated as revised February 1, 1983. 



460 ORDINANCES Ord. No. 957 

SEC. 13. And be it further ordained, That the Appendix A en- 
titled "Non-Conforming Uses" is hereby deleted from the Urban 
Renewal Plan and the following reyised Appendices and Ex- 
hibits are hereby approved: Appendix A -Property Rehabilita- 
tion, Appendix B- Properties for Acquisition and Disposition 
for Rehabilitation, Exhibit 1-Land Use Plan, Exhibit 2- 
Property Acquisition, Exhibit 3 -Land Disposition, and Exhibit 
4 -Zoning Districts; all dated as revised February 1, 1983. 

SEC. 14. And be it further ordained, That in whatever respect, 
if any, the amended Renewal Plan approved hereby for the 
Franklin Square area may not meet the requirements as to the 
content of a renewal plan or the procedure for the preparation, 
adoption, and approval of renewal plans as provided in Article 
13 of the Baltimore City Code (1976 Edition, as amended), the 
said requirements are hereby waived and the amended Renewal 
Plan approved hereby is exempted therefrom. 

SEC. 15. And be it further ordained, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the applica- 
tion thereof to any persons or circumstances is invalid, the re- 
maining provisions and the application of such provisions to 
other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 16. And be it further ordained, That in any case where a 
provision of this ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, plumb- 
ing, health, fire or safety ordinance, or code or regulation, the 
applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are 
found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public 
health and safety shall prevail. In any case where a provision of 
this ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force in the 
City of Baltimore which establishes a lower standard for the pro- 
motion and protection of the public health and safety, the provi- 
sion of this ordinance shall prevail, and the other existing provi- 



ORDINANCES 461 

sion of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this 
ordinance. 

SEC. 17. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved June 13, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 958 
(Council No. 1524) 

AN ORDINANCE concerning 

ZONING -APPROVAL FOR CONDITIONAL USE- 
OFF-STREET PARKING 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of an open off-street parking area 
in a R-9 zoning district in the Orchard-Biddle Urban Renewal 
Area on the properties known as 513-531 Orchard Street and 
an approximately 8 foot by 134 foot section of sidewalk in 
front of these properties as outlined in red on the plat accom- 
panying this ordinance, SUBJECT TO THE CONDITION 
THAT THE PARKING LOT SHALL BE OPERATIONAL 
WITHIN 30 MONTHS. 

BY authority of 
Article 30 -Zoning 
Sections 4.9-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is hereby granted for the establish- 
ment, maintenance and operation of an open off-street parking 
area in a R-9 zoning district in the Orchard-Biddle Urban 
Renewal Area on the properties known as 513-531 Orchard 
Street and an approximately 8 foot by 134 foot section of 
sidewalk in front of these properties as outlined in red on the 



462 ORDINANCES Ord. No. 959 

plat accompanying this ordinance, pursuant to Sections 4.9-ld 
and 11.0-6d of Article 30 of the Baltimore City Code (1976 Edi- 
tion, as amended), titled "Zoning". 

SEC. 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of 
the plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the plat. The Director of 
Finance shall then transmit a copy of the ordinance and one of 
the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and the 
Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT THIS 
ORDINANCE IS PASSED ON THE CONDITION THAT AN 
OPEN OFF-STREET PARKING AREA IS ESTABLISHED 
AND OPERATING AT 513-531 ORCHARD STREET AND 
THE 8 BY 134 FOOT SECTION OF SIDEWALK IN FRONT 
OF THESE PROPERTIES WITHIN 30 MONTHS FROM THE 
DATE OF PASSAGE OF THIS ORDINANCE. 

SEC. 3 4. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved June 13, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 959 
(Council No. 1527) 

AN ORDINANCE concerning 

BUILDING CODE WAIVER- 
339 S. CONKLING STREET 

FOR the purpose of waiving provisions of the Baltimore City 
Building Code to permit the construction and maintenance of 
certain permanent improvements to 339 South Conkling 
Street. 



ORDINANCES 463 

BY Waiving 
Article 32 -Baltimore City Building Code 
Subtitle -Permanent Projection in Streets 
Section 310.8 
Baltimore City Code (1976 Edition, as amended) 

SECTION 1. Be it ordaiyied by the Mayor and City Council of 
Baltimore, That the provisions of Section 310.8, entitled "Walls, 
retaining walls and fences," of Article 32 of the Baltimore City 
Code (1976 Edition, as amended), said Article being known 
generally as the Building Code of Baltimore City, are hereby 
waived in order to permit the construction and maintenance, at 
the cost and expense of the property owner, of masonry en- 
closed steps at 339 South Conkling Street. This addition shall 
project not more than 3' 8" out from the south wall of the 
building adjoining the sidewalk area on Bank Street. The length 
of this addition shall not exceed 10 1/2' and the height shall be 
T 6" at the high point, 7' 2" in the center, and 6' 7" at the low 
point of the addition. The width of the sidewalk shall be 9' 6". The 
addition shall be constructed, operated and maintained in ac- 
cordance with the plan and design shown on a drawing of Carey 
Creative Materials Handling. Except as in this ordinance 
specifically provided, all ordinances and all rules and regulations 
of the Mayor and the City Council of Baltimore shall be complied 
with in the construction and use of said structure. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved June 13, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



464 ORDINANCES Ord. No. 960 

No. 960 
(Council No. 1539) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - DEPARTMENT 
OF PLANNING 

FOR the purpose of providing a supplementary special fund ap- 
propriation in the amount of One Hundred Thousand Dollars 
($100,000) to the Department of Planning to be used for for- 
mulating a plan for the development of a district heating 
project. 

BY authority of 
Article VI -Board of Estimates 
Section 2(h)(2) 
Baltimore City Charter (1964 Revision as amended) 

WHEREAS, the money appropriated herein represents a grant 
from a public source which could not be expected with 
reasonable certainty at the time of formulation of the fiscal 1983 
Ordinance of Estimates; and 

WHEREAS, the supplementary special fund appropriation or- 
dained herein has been recommended to the City Council by the 
Board of Estimates, the said recommendation having been made 
at a regular meeting of said Board held on the 16th day of March 
1983, all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision as amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That under the provisions of Article VI, Section 
2(hX2) of the 1964 revision of the Charter of Baltimore City, the 
sum of One Hundred Thousand Dollars ($100,000) shall be made 
available to the Department of Planning of the City of Baltimore 
as a supplementary special fund appropriation for the fiscal year 
ending June 30, 1983 for the purpose of formulating a plan for 
the development of a district heating project. The amount thus 
made available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and City 
Council of Baltimore by the U.S. Department of Housing and 
Urban Development, said sum being specifically allotted to the 
Mayor and City Council of Baltimore for the aforesaid purpose; 
and said funds from said U.S. Department of Housing and Ur- 
ban Development shall be the source of revenue for this sup- 






ORDINANCES 465 

plementary special fund appropriation, as required by Article 
VI, Section 2 of the Baltimore City Charter (1964 Revision as 
amended). 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved June 13, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 961 
(Council No. 1554) 

AN ORDINANCE concerning 

DEPARTMENT OF TRANSPORTATION - 
COUNTY TRANSPORTATION BONDS 

FOR the purpose of authorizing the Mayor and City Council of 
Baltimore to enter into an agreement between the Depart- 
ment of Transportation of Maryland and the Mayor and City 
Council of Baltimore in connection with the participation by 
the City in the proceeds derived from the sale of bonds by said 
department, which bonds are to be known as Department of 
Transportation -County Transportation Bonds -First Issue, 
Sixth Series and to be issued to the Transportation Article, 
Title 3, Subtitle 3 of the Annotated Code of Maryland (1977 
Volume, 1982 Supplement) and authorizing the City to take 
such other and further action as may be necessary and proper 
to secure the share of the proceeds derived from the sale of 
said bonds to which it is entitled. 

WHEREAS, The Transportation Article, Title 3, Subtitle 3 of 
the Annotated Code of Maryland (1977 Volume, 1982 Supple- 
ment) authorizes the Department of Transportation of Maryland 
to issue its bonds and to provide the Mayor and City Council of 
Baltimore with funds to assist the City in its program of 
highway construction and reconstruction, and to make major 
road repairs necessary to eliminate damage caused by severe 
and unforeseen weather conditions, upon the condition that the 
Mayor and City Council of Baltimore enter into an appropriate 
agreement with the Department of Transportation of Maryland 



466 ORDINANCES Ord. No. 961 

to secure the payment of the City's proportionate share of the 
principal of, and the interest on, any such bond issues; and 

WHEREAS, The Mayor and City Council of Baltimore has 
notified said Department of its desire to participate in the pro- 
ceeds of the series of bonds to be issued by the Department in 
the fiscal year beginning July 1, 1983 to the extent of Ten Million 
Dollars ($10,000,000.00) pursuant to Subtitle 3; and 

WHEREAS, The Department has submitted to the City for ex- 
ecution a proposed agreement in compliance with said Subtitle 
3, a copy of which attached hereto and made a part hereof; now, 
therefore 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the proposed agreement between the Depart- 
ment of Transportation of Maryland and the Mayor and City 
Council of Baltimore, in substantially the form which is attached 
hereto and made a part hereof, for the participation to the ex- 
tent of Ten Million Dollars ($10,000,000.00), by the Mayor and 
City Council of Baltimore in the proceeds of a bond issue, to be 
known as Department of Transportation -County Transporta- 
tion Bonds -First Issue, Sixth Series, as part of a financing pro- 
gram for roads and highways as authorized by the Transporta- 
tion Article, Title 3, Subtitle 3, of the Annotated Code of 
Maryland (1977 Volume, 1982 Supplement) be and it is hereby 
authorized and approved. When properly executed, said agree- 
ment shall constitute a binding contract by and between the 
Department of Transportation of Maryland and the Mayor and 
City Council of Baltimore, in accordance with the terms; and the 
Mayor and City Council of Baltimore is hereby authorized to 
take such other and further action as may be necessary and 
proper to secure for the City its share, in accordance with the 
said Title 3, Subtitle 3 of the Transportation Article, of the pro- 
ceeds of the said bond issue. 

SEC. 2. And be it further ordained, That this ordinance shall 
take effect from the date of its passage. 

Approved June 13, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 467 

No. 962 
(Council No. 1547) 

AN ORDINANCE concerning 

CITY STREET-OPENING OF LINWORTH AVENUE, 

EXTENDING FROM THE ALAMEDA, WESTERLY 

606 FEET, MORE OR LESS 

FOR the purpose of condemning and opening Linworth Avenue, 
34 feet wide, extending from The Alameda, Westerly 606 feet, 
more or less, in accordance with a plat thereof numbered 
341-A-25, prepared by the Surveys and Records Division and 
filed in the Office of the Department of Public Works, on the 
Seventeenth (17th) day of January, 1983. 

BY authority of 
Article I -General Provisions 
Section -4 

Article II -General Provisions 
Sections -2, 34, 35 
Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works be, and they 
are hereby authorized and directed to condemn and open Lin- 
worth Avenue, 34 feet wide, extending from The Alameda, 
Westerly 606 feet, more or less, the street hereby directed to be 
condemned for said opening being described as follows: 

Beginning for the same at the point formed by the intersection 
of the west side of The Alameda, 80 feet wide and the south side 
of Linworth Avenue, 34 feet wide and running thence binding on 
the south side of said Linworth Avenue, Westerly 606 feet, more 
or less, to a point distant 157.0 feet easterly from the east side of 
St. Georges Avenue, 50 feet wide; thence by a straight line, 
Northerly 34 feet to intersect the north side of said Linworth 
Avenue; thence binding on the north side of said Linworth 
Avenue, Easterly 606 feet, more or less, to intersect the said 
west side of The Alameda and thence binding on the said west 
side of The Alameda, Southerly 34 feet to the place of beginning. 

the said Linworth Avenue as directed to be condemned being 
more particularly described and referred to among the Land 



468 ORDINANCES Ord. No. 963 

Records of Baltimore City and delineated and particularly 
shown on a plat numbered 341-A-25 which was filed in the Office 
of the Department of Public Works on the Seventeenth (17th) 
day of January, in the year 1983, and is now on file in said Office. 

SEC. 2. And be it further ordained, That the proceedings of 
said Department of Public Works, with reference to the condem- 
nation and opening of said Linworth Avenue and the pro- 
ceedings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and all ap- 
plicable provisions of Article 4 of the Code of Public Local Laws 
of Maryland and the Charter of Baltimore City (1964 Revision) 
as amended to July 1, 1973 and any and all amendments thereto, 
and any and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 3. And be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved June 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 963 

(Council No. 1549) 

AN ORDINANCE concerning 

ZONING- PLANNED UNIT DEVELOPMENT 
HILLEN ROAD AND ARGONNE DRIVE 

FOR the purpose of approving the application of the Hecht Com- 
• pany, owner of the property located at the northwest corner of 
the intersection of Hillen Road and Argonne Drive, (and the 
Hechinger Company as lessee), said property consisting of 
9.1266 acres, more or less, to have said property designated a 
Business Planned Unit Development in accordance with Sec- 
tions 12.0-1 and 12.0-4 of Article 30 of the Baltimore City Code 
(1966 Edition), as amended by Ordinance No. 1050, approved 



ORDINANCES 469 

April 20, 1971, as amended and to approve the development 
plan submitted by The Hecht Company (and Hechinger). 

WHEREAS, on March 30th, 1983, The Hecht Company (and 
Hechinger Company) met with the Department of Planning, of 
Baltimore City, to hold a Pre-Petition Conference to explain the 
scope and nature of existing and proposed development on the 
property in order to institute proceedings to have said property 
designated a Business Planned Development; and 

WHEREAS, together herewith The Hecht Company (and 
Hechinger Company) have made formal application to the City 
Council of Baltimore City and has submitted the requisite 
Development Plan, including the following: Landscaping And 
Construction Drawings dated 3/14/83, Revision 4/7/83, by 
Saldett & Associates Ltd., Architects; and Elevation and Sign 
Drawings Dated 3/14/83, Revision 4/4/83, by Saldett & 
Associates Ltd., Architects; intended to satisfy to include re- 
quirements specified in Sections 12.0-1 and 12.0-4 of Article 30 
of the Baltimore City Code (1966 Edition), as amended by 
Ordinance No. 1051, approved April 20, 1971, as amended; and 

WHEREAS, the Hecht Company (and Hechinger Company) in 
requesting the introduction of this bill, signified its intention to 
implement, execute and substantially complete, and maintain 
the development of the property in accordance with the Develop- 
ment Plan. 

NOW THEREFORE: 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the application of The Hecht Company, owner 
of the property northwest of the intersection of Hillen Road and 
Argonne Drive (and Hechinger Company as lessee), thereof, 
consisting of 9.1266 acres, more or less, as outlined in the 
Development Plan accompanying this Ordinance to designate 
said property a Business Planned Development pursuant to Ar- 
ticle 30, Sections 12.0-1 and 12.0-4 of the Baltimore City Code 
(1966 Edition), as amended by Ordinance No. 1051, approved 
April 20, 1971, as amended, be and it is hereby approved. 

SEC. 2. And be it further ordained, That the Development Plan 
(as scheduled in the recital paragraph of this Ordinance) submit- 
ted by The Hecht Company (and Hechinger Company), attached 
hereto and made a part hereof, be and it is hereby approved. 



470 ORDINANCES Ord. No. 963 

SEC. 3. And be it further ordained, That all new signs for all 
Tenants of the Business Planned Development be in accordance 
with tne Baltimore City Code and the Development Plan and 
that any substantial and material deviations therefrom be sub- 
mitted to the Baltimore City Planning Staff for review and com- 
ments. The Planning Staff shall have the responsibility of sub- 
mitting to the Community the proposed sign plan for advice and 
comments and shall submit all comments of the Staff and the 
Community to the Hecht Co. and the Applicant within thirty 
days from the date of submission. 

SEC. 4. And be it further ordained, except as provided for in 
Section 5, That (A) uses on that portion of the business planned 
development zoned B-2 will be restricted to those permitted in 
the B-l and B-2 districts (Sections 6.1-1B and 6.2-1B), and (B) 
that portion of the business planned development zoned residen- 
tial, i.e. the parking lot surrounding The Hecht Co. Store shall 
continue to be so used for parking. 

SEC. 5. And be it furthei* ordained, That in accordance with 
Section 12.0-4(a) 3, permission is hereby granted for the 
establishment, maintenance and operation of a 25,000 square 
foot outdoor sales and storage area; and loading docks to be 
utilized (by the lessee Hechinger Co.) as shown on the Develop- 
ment Plan, notwithstanding the provisions of Section 4 of this 
Ordinance, on the condition that the use and occupancy permit 
for such area shall not be issued until the Planning Department 
of the City of Baltimore is satisfied that the work specified on 
the Development Plan has been substantially completed. 

SEC. 6. And be it further ordained, That upon passage of this 
Ordinance by the City Council, as evidence of the authenticity of 
the Development Plan which are a part hereof and in order to 
give notice to the departments which are administering the Zon- 
ing Ordinance, the President of the City Council shall sign 
Development Plan, and when the Mayor approves the 
Ordinance, he shall sign the Development Plan. The City 
Treasurer shall then transmit a copy of the Ordinance and the 
Development Plan to the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, and the Zoning Administra- 
tion. 

SEC. 7. And be it further ordained, That this Ordinance is 
passed on the condition that The Hecht Company (and Hech- 



ORDINANCES 471 

inger Company) shall implement, execute and substantially com- 
plete and maintain the development of the property in accord- 
ance with the Development Plan; being understood and agreed 
that the Planning Department of the City of Baltimore shall seek 
performance of The Hecht Company (and Hechinger Company) 
undertakings hereunder. 

SEC. 8. And be it further ordained, That this Ordinance shall 
take effect thirty days from the date of its passage. 

Approved June 22, 1983. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 964 
(Council No. 1575) 

AN ORDINANCE concerning 

ISSUANCE OF HIGHWAY USER REVENUE 
ANTICIPATION NOTES 

FOR the purpose of authorizing and providing for the issuance, 
from time to time, by Mayor and City Council of Baltimore 
(the "City") of its revenue anticipation notes, designated 
"Highway User Revenue Anticipation Notes," and its revenue 
anticipation refunding notes, designated "Highway User 
Revenue Anticipation Refunding Notes," in an aggregate prin- 
cipal amount not exceeding twenty-five million dollars 
($25,000,000) pursuant to the provisions of Article XI, Section 
7 of the State Constitution, Article II, subsection (33) of the 
Charter of Baltimore City, 1964 Revision, as amended, and 
Section 24 of Article 31 of the Annotated Code of Maryland 
(1957 Edition, 1976 Replacement Volume and 1982 
Cumulative Supplement) in order to use the proceeds for the 
public purposes of (a) funding certain highway, street, traffic, 
police and related functions which are eligible for payment out 
of highway user revenues distributed to Baltimore City by the 
State of Maryland; (b) refunding and refinancing such notes as 
they mature or are redeemed; and (c) paying the costs of is- 
suance of such notes; authorizing the use of obligations in the 
nature of commercial paper or demand notes and letters of 



472 ORDINANCES Ord. No. 964 

credit or related instruments; authorizing various book-entry, 
large denomination or uncertified obligation systems; 
prescribing the form and tenor of the notes and determining 
certain other matters relating to the issuance and sale thereof; 
providing that certain matters pertaining to the notes, in- 
cluding (without limitation) the amounts and dates of any 
series, maturity or maturities, method of competitive sale, if 
any, interest rate or rates and redemption provisions, if any, 
shall be determined administratively at or prior to the time of 
the sale of any series of such notes by resolution of the Board 
of Finance of the City; authorizing the use of various systems 
of registration for the notes; providing for the private 
(negotiated) sale of such notes or, upon certain findings and 
determinations by the Board of Finance, for the competitive 
sale of all or part of such notes; providing for the disbursement 
of the proceeds of such notes; providing for the payment of 
such notes from refunding notes or from the proceeds of cer- 
tain highway user revenues distributed to Baltimore City by 
the State of Maryland; covenanting (in the event highway user 
revenues are not sufficient or are not timely received to pay 
the principal of and interest on the notes when due) to levy and 
collect all taxes necessary to provide for the payment of the 
principal of and interest on such notes; providing that the pro- 
ceeds of such notes, or any monies which may be deemed to be 
proceeds, will not be used in a manner which would cause such 
notes to be arbitrage notes; authorizing the Board of Finance 
and the Director of Finance to make certain alterations in the 
form and tenor of the notes upon certain conditions; providing 
that the Board of Finance may determine by resolution or 
other appropriate action certain other matters pertaining to 
the issuance, sale or delivery of any series of such notes; and 
generally relating to the issuance, sale, and delivery and pay- 
ment of all such notes. 

RECITALS 

A. General: For convenience of reference, the Mayor and City 
Council of Baltimore, a municipal corporation organized and ex- 
isting under the Constitution and laws of the State of Maryland, 
is hereinafter sometimes referred to as the "City." 

B. Highway User Revenues: The Department of Transporta- 
tion of the State of Maryland (the "Department") maintains a 
Transportation Trust Fund, established under Section 3-216(a) 






ORDINANCES 473 

of the Transportation Article (" TA") of the Maryland Code (1977 
Edition, 1982 Cumulative Supplement), within which there is 
established the Gasoline and Motor Vehicle Revenue Account, 
pursuant to TA Sections 3-216(c)(2) and 8-402(a) (The THE 
"GMVR Account"). 

C. GMVR Account: Pursuant to TA Section 8-402(b), the 
GMVR Account is credited for all revenues, subject to deduc- 
tions provided by law, collected from the motor vehicle gasoline 
tax, the fees from oversize and overweight permits issued by the 
State Highway Administration, all revenues of the Motor Vehi- 
cle Administration, including the vehicle titling tax, vehicle 
registration fees, driver's license fees and vehicle titling fees, 
and certain corporate income tax revenues disbursed to the 
GMVR Account pursuant to Section 288A of Article 81 of the 
Annotated Code of Maryland (1957 edition, as amended, 
hereinafter the "Maryland Code"). Except for certain portions of 
the motor vehicle gasoline tax collected under Article 56, Sec- 
tion 136(h) of the Maryland Code, all funds credited to the 
GMVR Account are herein termed "Highway User Revenues". 

During each fiscal year of the City, Highway User Revenues 
are distributed to the City in monthly installments. The amounts 
distributable to the City are: 

(1) 17.5 percent of Highway User Revenues, other than in- 
crements of the motor vehicle gasoline tax imposed by Article 
81, Sections 136(i) and (j) of the Maryland Code (the "Gasoline 
Tax Increments"); and 

(2) 13.5 percent of the remaining net proceeds of the 
Gasoline Tax Increments. 

Under TA Section 8-406, no distribution of Highway User 
Revenues can be made unless the City: levies taxes sufficient to 
collect at least $1 per capita in revenue, as determined by the 
latest official census, whether federal or local; certifies a copy of 
the levy to the State Comptroller; and certifies that revenues 
will be used in compliance with all applicable laws. 

Pursuant to TA Section 8-408(a), Highway User Revenues 
distributed to the City may be used only to pay or finance 
(hereafter referred to as "authorized highway related 
purposes");- : 



474 ORDINANCES Ord. No. 964 

(1) costs incurred in the construction, reconstruction, or 
maintenance of highways and streets; 

(2) costs incurred by the police department for carrying 
out traffic functions and enforcing the traffic laws; 

(3) costs incurred in other highway related activities for: 

(i) lighting the highways; 

(ii) storm water drainage of the highways; and 

(iii) street cleaning, but not including the cost of collec- 
tion of garbage, trash, and refuse; 

(4) The THE payment of debt service on bonds or other 
evidences of obligations for: 

(i) the construction, reconstruction, or maintenance of 
its highways and streets; and 

(ii) any highway activities, including lighting the 
highways and providing storm water drainage; 

(5) The THE cost of certain transportation facilities, as 
defined in TA Section 3-101. 

D. Pledged Highway User Revenues: The Department has 
authority to issue county transportation bonds ("transportation 
bonds") on behalf of, and to disburse the proceeds to, the City 
and participating counties. Such transportation bonds issued on 
behalf of the City are secured by a pledge of certain of the 
Highway User Revenues, after allowance for the repayment of 
outstanding bonds previously issued on behalf of the City. 

In order to obtain the benefit of transportation bonds, the City 
has entered into agreements with the Department pursuant to 
TA Section 3-307 that provide, among other things, that the 
State Comptroller may withhold and deposit Highway User 
Revenues to the credit of a sinking fund maintained to pay the 
principal of and interest on the transportation bonds. The 
amount to be withheld and deposited must be initially equal to 
•the sum of debt service on the transportation bonds in the cur- 
rent fiscal year and the next succeeding fiscal year. Once such 
amount is accumulated, the State Comptroller may thereafter 
withhold during each fiscal year amounts equal to debt service 
on the transportation bonds in each succeeding fiscal year. 

As a result of this withholding arrangement, and pending 
receipt of Highway User Revenues, the City requires funds on a 



ORDINANCES 475 

temporary basis during each fiscal year in order to finance and 
pay for authorized highway related purposes ultimately payable 
out of Highway User Revenues to be received in the same fiscal 
year. 

E. Issuance of Certificates of Obligation. Article XI, Section 7 
of the Maryland State Constitution authorizes the City tem- 
porarily to borrow any amount of money to meet any deficiency 
in the City treasury. 

Any temporary loan authorized by the State Constitution 
must, by the terms of Article II, subsection (33)(d) of the Charter 
of Baltimore City, 1964 Revision, as amended (the "Charter"), be 
authorized by an ordinance and must be converted, discharged 
or paid prior to the passage of the annual Ordinance of 
Estimates for the next succeeding year. By the terms of the 
State Constitution referred to above and subsection (33) of Arti- 
cle II of the Charter (which together are hereinafter referred to 
as the "Temporary Loan Law"), temporary indebtedness does 
not require the approval of the voters of Baltimore City. The 
City proposes to obtain temporary loans and to issue certificates 
of indebtedness therefor ("revenue anticipation notes") to meet 
the deficiencies described above. 

Section 2(g) of Article VI of the Charter precludes the use of 
temporary loans to pay any deficiency arising from a failure to 
realize sufficient income from all sources to meet the amounts 
provided in the Ordinance of Estimates. Revenue anticipation 
notes will not be issued in amounts in excess of Highway User 
Revenues set forth as anticipated receipts in the Ordinance of 
Estimates approved by the City Council and adopted into law 
during the prior fiscal year of the City. 

No temporary loan can be made except on the authorization of 
the Board of Finance as required by section SECTION 16(d) of 
Article VII of the Charter. All revenue anticipation notes will be 
issued under authorization from the Board of Finance. 

Authority for the issuance of refunding notes is contained in 
Article 31, Section 24 of the Maryland Code. Article 31, Section 
24 is sometimes referred to in this Ordinance as the "Refunding 
Bond Enabling Act". 

The Refunding Bond Enabling Act authorizes and empowers 
the City to issue and sell refunding obligations for the purpose of 
refunding any of its obligations then outstanding, provided that 



476 ORDINANCES Ord. No. 964 

the public purpose of realizing savings in the effective costs of 
debt service to the City is achieved. Such savings may be a direct 
result of the refunding or may result from a reduction in debt 
service effectuated through a debt restructuring. The City may, 
at a public meeting, determine that any refunding obligations be 
sold on a negotiated basis without the solicitation of bids. 

The City expects that, from time to time, it may be advisable 
to issue refunding notes within a fiscal year to refund any 
outstanding notes (or other refunding notes). The City proposes 
to spend the proceeds of such refunding notes hereby authorized 
for the general public purposes of paying, prepaying, refinanc- 
ing or restructuring the debt evidenced by the revenue 
anticipation notes or any refunding notes issued pursuant to this 
Ordinance. 

The City desires to use its borrowing powers to provide for an 
efficient and flexible debt management program to meet the 
borrowing needs of the City in a responsible manner by using 
recently available financing methods designed to provide 
substantial advantages to municipal borrowers during un- 
favorable bond market conditions. 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, acting pursuant to the Temporary Loan Law 
and THE Refunding Bond Enabling Act, it is hereby found and 
determined, as follows: 

(A) The capital and operating requirements of the City in con- 
nection with authorized highway related purposes require the 
expenditures of funds throughout the fiscal year. To the extent 
moneys are not available on a current basis, other funds and 
assets of the City must be used to meet such expenses. The use 
of such interfund borrowing limits the moneys available to the 
City for its authorized purposes. 

(B) The use of revenue anticipation notes, repayable from 
revenues to be received at a later time in the same fiscal year, 
•and consistent with the Ordinance of Estimates, is a sound cash 
management practice. 

(C) The City has experienced a favorable reception in the debt 
markets to issues of bond anticipation notes structured on a 
short-term basis. Revenue anticipation notes are responsive to 
the same short-term debt markets. 



ORDINANCES 477 

(D) General economic conditions are unsettled and require sen- 
sitive and careful debt management in order to reduce to the 
greatest extent practical the cost of borrowing to the City. 

(E) Current financial market conditions are unusual, erratic, 
and unfavorable in comparison to historical financial market 
conditions. An inflexible approach to borrowing by the City 
would impair its ability to conduct necessary operations and 
projects, and would diminish the resources available to provide 
for the needs of the citizens of the City. A flexible approach to 
borrowing taking advantage of demand for certain short term 
and other municipal obligations will best serve the interest of the 
City. 

(F) The existence of an expanding market for tax-exempt 
obligations structured in the form of short term or demand 
obligations or commercial paper or other obligations having 
varying and flexible maturities of from one to two hundred 
seventy days or more, and for obligations related to an interest 
rate that varies with a defined or stated indicator or index, or 
structured to provide zero interest coupons or compound in- 
terest notes, or combinations of such maturities, structures and 
rates, necessitates the establishment of procedures which per- 
mit the City to utilize such a market for its obligations. In addi- 
tion, the imposition of requirements for the registration for e£ 
ALL tax-exempt obligations necessitates the authorization of 
alternative forms of registration which satisfy applicable laws 
while permitting for some degree of flexibility. 

(G) The Board of Finance, as the entity primarily responsible 
for the issuance and sale of the City's certificates of in- 
debtedness, has the expertise and experience necessary to be 
primarily responsible for the determination of matters set forth 
herein to be within its jurisdiction. 

(H) Private, negotiated sales are the primary and most effi- 
cient means of marketing such short term obligations, and in the 
absence of a determination by the Board of Finance to the con- 
trary as to a particular issue or series, sales of obligations pur- 
suant to this ordinance on a negotiated basis are in the best 
public interest and will result in the lowest cost to the City. 

(I) The City currently needs funds to pay part or all of the costs 
of authorized highway related purposes necessary or desirable 



478 ORDINANCES Ord. No. 964 

for the welfare of the citizens of the City. In order to provide the 
City with the flexibility required by current financial market 
conditions, and in order to permit the construction, repair and 
maintenance, and funding therefor, of the authorized highway 
related purposes to proceed prior to the receipt of Highway User 
Revenues, the City has determined to issue and sell its revenue 
anticipation notes or refunding notes pursuant to this Ordinance 
in such amounts, on such terms and conditions and according to 
such procedures as are hereinafter provided. 

SEC. 2. And be it further ordained, That, the issuance, sale and 
delivery of an amount not exceeding that permitted by the Tem- 
porary Loan Law and the Refunding Bond Enabling Act, but not 
outstanding at any one time in excess of twenty-five million 
dollars ($25,000,000), aggregate principal amount of revenue an- 
ticipation notes and refunding notes, hereby designated 
"Highway User Revenue Anticipation Notes" or "Highway User 
Revenue Anticipation Refunding Notes" (the "Notes") is hereby 
authorized, subject to the provisions of this Ordinance. The 
Notes may be issued in one or more series, and each such series 
shall be identified by a designation by year and by letter, so that, 
for example, the first series (if issued in 1983 and if the issuance 
of more than one series of Notes hereunder is then con- 
templated) shall be designated "Highway User Revenue An- 
ticipation Notes- 1983 Series A". The aggregate principal 
amount of Notes to be issued pursuant to this Ordinance at any 
one time shall be determined by the Board of Finance by resolu- 
tion adopted prior to the delivery of the Notes, however in any 
fiscal year, the amount of Notes outstanding at any one time 
shall not exceed the anticipated Highway User Revenues 
available to discharge the Notes as set forth in the Ordinance of 
Estimates applicable to that fiscal year (or any amending or sup- 
plemental ordinance thereto). Any Notes issued to refund prior 
issues or series of Notes, or parts thereof, shall replace that por- 
tion of the authorized amount of Notes previously issued and 
shall not be deemed to reduce the maximum authorized amount 
of Notes permitted under this Ordinance. 

SEC. 3. And be it further ordained, That: 

(A) The net proceeds from the sale of the Notes shall be used 
and applied for the public purposes of: (i) financing, in full or in 
part, the cost of authorized highway related purposes (either 



ORDINANCES 479 

directly or by repayment to the City, as authorized by this 
Ordinance); and (ii) paying the costs of issuance, as defined in 
this Ordinance. 



(B) The net proceeds from the sale of the City's refunding 
notes authorized to be issued and sold by this Ordinance, shall be 
used and applied for the public purposes of (i) refinancing, 
restructuring, refunding or renewing, in whole or in part, from 
time to time, the City's revenue anticipation notes issued pur- 
suant to this Ordinance and any refunding notes issued pursuant 
to this Ordinance; (ii) paying any redemption premiums and any 
interest accrued or to accrue to the date of redemption in con- 
nection with obligations being refinanced or refunded from the 
proceeds of the refunding notes; and (iii) paying the costs of is- 
suance of any series of refunding notes authorized under this 
Ordinance; provided that the maturity date of any notes or re- 
funding notes shall not extend beyond the end of the fiscal year 
during which such notes or refunding notes were issued. 

(C) The net proceeds of any series of Notes may be used to 
reimburse or repay to the City or any fund or account main- 
tained by the City for funds advanced by the Director of Finance 
for authorized highway related purposes pursuant to Article 
VII, Section 15(a) of the Charter. 

SEC. 4. And be it further ordained, That, the Notes or a series 
of Notes shall be dated as of the first day of the month in which 
the series of Notes is delivered unless the Board of Finance shall 
specify a different date in its resolution hereinafter described, 
and the Notes shall bear interest at an annual rate or rates 
payable either monthly or semi-annually following the date of 
the series of Notes, unless the Board of Finance shall specify a 
different period or periods of payment. The Notes shall be in the 
denomination of Five Thousand Dollars ($5,000) each, and the 
Notes of each series of Notes shall be numbered from one (1) 
consecutively upwards, unless, as to each matter, otherwise 
determined by the Board of Finance in its resolution hereinafter 
described. 

SEC. 5. And be it further ordained, That, 

(A) Prior to the delivery of any series of Notes, the Board of 
Finance shall adopt a resolution or resolutions which shall 



480 ORDINANCES Ord. No. 964 

prescribe, subject to the Temporary Loan Law and the Refund- 
ing Bond Enabling Act, as applicable, (i) the principal amount of 
Notes to be issued as a series at any one time, (ii) the date of 
issue of the series of Notes, (iii) the interest rate to be borne by 
the series of Notes, or the method by which such interest rate 
shall be computed, including the establishment of limitations on 
the interest rate, beyond which further approvals of the Board 
of Finance are required; (iv) the time periods and method for 
payment of interest on the Notes; (v) the redemption provisions, 
if any, for the series of Notes, (vi) the maturity or maturities of 
the series of Notes, (vii) the method of competitive sale if any 
series of Notes is determined to be sold at competitive sale 
rather than the negotiated sale found herein to be in the best 
public interest, (viii) the denominations of any Notes, (ix) the 
form, use of registration and means of payment of the Notes, 
and (x) any additional terms necessary or appropriate to reflect 
any matters provided in that resolution. 

(B) The Board of Finance is hereby authorized to adopt a 
master resolution to establish procedures to facilitate the 
prompt determination and approval of one or more of the mat- 
ters set forth above. Such procedures may include telephonic 
approval and subsequent telegraphic or written confirmation of 
one or more of such matters by a designated officer of the City if 
prescribed guidelines or parameters set forth in the master 
resolution, or any amendment thereto, are not exceeded. 

(C) The Board is further authorized to establish a procedure 
for use of a variable or floating rate for any issue of Notes, and 
to establish any necessary relations with a commercial bank or 
other appropriate institution to facilitate the payment of short- 
term Notes, including the use of general or stand-by letters of 
credit, loan agreements, back-up loan agreements, bond in- 
surance, demand features, revolving loans or notes or similar ar- 
rangements. If necessary, the Board of Finance may authorize 
the issuance, with or without delivery, of a parallel series of 
notes having an interest rate different from the initial series, as 

.a means of effecting a credit arrangement with a commercial 
bank or other appropriate institution. 

(D) The Board may also take such further or additional actions 
as are needed (i) to permit the issuance of Notes in the nature of 
commercial paper, (ii) to permit the use of book-entry obligations 
or the issuance of denominations of Notes which represent 
Notes of smaller denomination ("umbrella certificates"), or the 



ORDINANCES 481 

use of any system that does not result in the formal delivery of 
an instrument to each holder of a Note or owner of any 
beneficial or partial interest therein, or (iii) to utilize other 
market structures identified in this Ordinance or then available. 

(E) The Board of Finance may establish and maintain, or 
authorize the establishment and maintenance by the Director of 
Finance of, a system of registration of the Notes which satisfies 
any applicable federal, state or local laws. Among the alter- 
native approaches which the Board may consider are systems 
which incorporate the following: 

(i) The selection of agents to assist the Director of Finance 
in the performance of functions as registrar and paying agent 
for the Notes, including the use of a depository or depository 
agent; 

(ii) The issuance of Notes in any denomination to represent 
Notes of smaller denomination; 

(iii) The insertion of a date of actual issuance of a Note; 

(iv) The use of a variety of formats or a standardized size 
and format for the Notes, and where authorized, facsimile 
signatures only; 

(v) The establishment of a record date for determining 
ownership of the Notes, in conjunction with an established in- 
terest payment date; 

(vi) Provisions for the amendment, discontinuance or 
reinstatement of a system; 

(vii) Conversions of a system to some other system which 
does not adversely affect the exemption of interest paid on the 
Notes from federal income taxation; 

(viii) Adoption by an officer of the City of the signature of 
a predecessor in office as his own signature; 

(ix) Provisions and benefits of any state legislation 
hereinafter' adopted that relates to the registration of obliga- 
tions; and 

(x) Procedures under which costs of the registration 
system are assessed or assumed. 



482 ORDINANCES Ord. No. 964 

(F) The Board may authorize the use of a depository agent or 
transfer agent, subject to such rules of eligibility as the Board 
may establish, including Securities and Exchange Commission 
transfer agent turnaround rules, to hold blank or pre-printed 
certificates, maintain records of ownership in umbrella cer- 
tificates or maintain a book-entry system under which no cer- 
tificates or instruments are delivered. 

(G) Any resolution or resolutions adopted by the Board of 
Finance pursuant to this Ordinance shall be deemed to be of an 
administrative nature. 

SEC. 6. And be it further ordained, That, the City hereby 
covenants that it will pay the interest on and principal of the 
Notes, to the extent not paid from proceeds of the Notes, from 
the Highway User Revenues, and that it will seek to collect 
Highway User Revenues from the State in a timely fashion. 

SEC. 7. And be it further ordained, That, the City and the pur- 
chasers of the Notes recognize the possibility, but do not an- 
ticipate, that the City may not receive Highway User Revenues 
in sufficient time or amount to provide for payment of the in- 
terest on and the principal of the Notes at or prior to their 
maturity or extended maturity. The City hereby covenants that 
in such event the City will levy ad valorem taxes upon each one 
hundred dollars ($100.00) of property within the corporate limits 
of the City of Baltimore subject to assessment for full City taxes, 
at a rate sufficient to provide for the payment, when due, of the 
principal of and interest on all Notes. 

To assure the performance by the City of the provisions of this 
Section, the full faith and credit and unlimited taxing power of 
the City are hereby irrevocably pledged to the payment at 
maturity of the principal of and interest on the Notes hereby 
authorized and to the levy and collection of the taxes herein- 
above described as and when such taxes may become necessary 
in order to provide sufficient funds to meet the debt service re- 
quirements of the Notes hereby authorized to be issued; this 
pledge is made hereby for the benefit of the holders, from time 
to time, of the Notes hereby authorized. 

The City hereby solemnly covenants and agrees with each 
holder of any of the Notes hereby authorized to levy and collect 
the taxes hereinabove described and to take any other action 
that may be appropriate from time to time during the period 



ORDINANCES 483 

that any of such Notes remain outstanding and unpaid to pro- 
vide the funds necessary to make principal and interest 
payments thereon, when due. 

SEC. 8. And be it further ordained, That, 

(A) Unless otherwise authorized under applicable law, all 
Notes shall be executed in the name of the Mayor and City Coun- 
cil of Baltimore and on its behalf by the manual or facsimile 
signature of the Mayor of the City and of the Director of Finance 
of the City and the corporate seal of the City shall be imprinted 
thereon, attested by the manual signature of the Custodian or 
the Alternate Custodian of the Seal of the City. However, if the 
Board of Finance finds that the nature of a transaction requires 
the use of a different manner of executing the Notes which is 
nonetheless authorized under applicable law, the Board may by 
resolution establish a procedure to permit the use of uncertified 
UNCERTIFICATED Notes, including book-entry or umbrella 
certificates, or to permit the Trustee for the Notes, or a respon- 
sible trust company or other duly authorized trustee, depository, 
issuing agent or paying agent, to maintain an inventory of blank 
Notes previously imprinted and signed, available for delivery to 
purchasers of Notes under conditions which require prompt ac- 
tion and delivery. 

(B) If any official whose signature shall appear on any series of 
the Notes shall cease to be such official prior to the delivery of 
any series of Notes, or, in the event any such official whose 
signature shall appear on any series of Notes shall have become 
such after the date of issue thereof, the Notes of such series shall 
nevertheless be valid and legally binding obligations of the City 
in accordance with their terms. 



(C) The Notes shall be fully registered as to both principal and 
interest in the name or names of the owner or owners thereof on 
books kept for such purpose at the office of the Director of 
Finance of the City, City Hall, Baltimore, Maryland 21202 or at 
such other office and in such other manner as the Board of 
Finance may authorize which is consistent with applicable law. 
The principal of the Notes shall be payable at the principal office 
of the Chase Manhattan Bank of New York, unless a different 
place of payment is established by resolution of the Board of 
Finance. The interest on the Notes shall be payable by the City 



484 ORDINANCES Ord. No. 964 

by check or draft mailed to the registered owners thereof at 
their respective addresses as they appear on the Note registra- 
tion books of the City. The Board of Finance by resolution may 
alter the method of payment of either principal or interest, or 
both. If a determination is made by the Board of Finance to sell 
all or a portion of the Notes at competitive sale, the Notes may 
be coupon notes payable at such place and in such manner as 
provided by the Board of Finance in the resolution making such 
determination. 

(D) The Director of Finance of the City is hereby authorized to 
make such changes in the form of Note as he shall deem 
necessary to effect the purpose PURPOSES of this Ordinance 
or to comply with recommendations of legal counsel, and the 
Director of Finance is hereby authorized to make such further 
modifications in such form as will not alter the substance of such 
form, all such modifications to be in accordance with and pur- 
suant to the authority of the Temporary Loan Law and the 
Refunding Bond Enabling Act. 

(E) If the Board of Finance determines to offer all or any part 
of the Notes for sale at competitive sale as authorized by this 
Ordinance or in the event bond market conditions or other con- 
siderations relevant to the sale of the Notes are determined by 
the Board of Finance to make such action necessary or ap- 
propriate, the Board of Finance may provide by resolution that 
the Notes may be issued in bearer coupon form and may make 
such changes in the form of the Notes as the Board of Finance 
may determine to be appropriate to implement such determina- 
tion, including (without limitation) providing the form of coupon 
to be attached to the Notes. 

(F) Except as provided hereinafter or in ordinances or resolu- 
tions of the Mayor and City Council of Baltimore adopted prior 
to the issuance and delivery of any series of Notes, or in resolu- 
tions of the Board of Finance (to the extent authorized by this 
Ordinance), all Notes shall be substantially in the following form, 
with appropriate insertions as therein indicated or as otherwise 
approved by the Board of Finance and with such modifications 
as may be appropriate for refunding notes, which form is hereby 
adopted by the City and all of the covenants and conditions 
therein contained are hereby made binding upon the City, in- 
cluding the promise to pay therein contained: 



ORDINANCES 485 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

MAYOR AND CITY COUNCIL OF BALTIMORE 

Highway User Revenue Anticipation Notes 

No $5,000 

Dated 

MAYOR AND CITY COUNCIL OF BALTIMORE (the 
"City"), a municipal corporation organized and existing under 
the Constitution and laws of the State of Maryland, hereby 
acknowledges itself indebted and, for value received, promises 

to pay to or registered assigns or legal 

representative, the principal sum of 

FIVE THOUSAND DOLLARS 

ON (or at such time as hereinafter provided) 

upon presentation and surrender of this note and to pay interest 
thereon, from the date of this note until it matures at the rate or 
rates hereinafter specified on , 19 , and (semi- 
annually) (monthly) thereafter on the days of 

(and ) in each year by check or 

draft mailed to the registered owner hereof at his address as it 
appears on the registration books of the Director of Finance of 
the City, Note Registrar. 

Both the principal of and interest on this note will be paid in 
lawful money of the United States of America, at the time of 
payment. The principal of this note shall be payable upon presen- 
tation hereof at the principal office of . 

This note shall be registered by the City upon the initial 
delivery hereof, in the name of the initial registered owner, as 
shown in the space provided above and on the registration books 
kept for that purpose at the office of the Note Registrar and, 
thereafter, this note shall be transferable only by endorsement 
hereon by the Director of Finance of the City to successive 
registered owners, and no such transfer shall be valid unless 
made on the registration books by the registered owner hereof 
in person or by his attorney duly authorized. Payment of this 
note and the interest hereon shall be made only to the person 
shown hereon and on such books to be the registered owner 
hereof on the date such payment is due. 



486 ORDINANCES Ord. No. 964 

This note is one of a duly authorized issue of series of notes of 
the City aggregating ($ ) in prin- 
cipal amount, which are of the denomination of Five Thousand 
Dollars ($5,000) each. These notes are numbered from one con- 
secutively upwards and are of like tenor except as to number and 
are issued pursuant to Article XI, Section 7 of the State Con- 
stitution, and Article II, subsection (33) of the Charter of 
Baltimore City, 1964 Revision, as amended. 

The City has covenanted to utilize when received certain 
highway user revenues distributed by the State of Maryland in 
an amount sufficient to pay when due, the principal of and in- 
terest on this note. The City has covenanted that in the event it 
does not timely receive highway user revenues sufficient to pay 
the principal of and interest on this note, the City will levy ad 
valorem taxes in an amount sufficient to provide, together with 
any other funds available for the purpose, for the payment of the 
principal of and interest of this note when due. 

It is hereby certified and recited that all conditions, acts and 
things required by the Constitution or statutes of the State of 
Maryland and the Charter of the City to exist, to have happened 
or to have been performed precedent to or in the issuance of this 
note, exist, have happened and have been performed, and that 
the issue of notes of which this is one, together with all other in- 
debtedness of the City, is within every debt and other limit 
prescribed by said Constitution or statutes or Charter. 

IN WITNESS WHEREOF, this note has been executed by the 
manual or facsimile signatures of the Mayor of the City and of 
the Director of Finance of the City, and the corporate seal of the 
City has been impressed hereon, attested by the manual 
signature of the Custodian or Alternate Custodian of the City 
Seal, all as of the day of , 19 . 

ATTEST MAYOR AND CITY COUNCIL 

OF BALTIMORE 

By 

Custodian or Alternate Mayor 

Custodian of the City 

Seal 

By 



Director of Finance 



ORDINANCES 487 

SEC. 9, And be it further ordained, That, pursuant to the 
authority of the Temporary Loan Law and the Refunding Bond 
Enabling Act, it is hereby determined that considering the 
nature and the maturity of the Notes, present financial market 
conditions, the identity of prospective purchasers indicating an 
interest in purchasing the Notes and other relevant considera- 
tions arising from current economic conditions, it would be in 
the best interests of the City to sell the entire authorized prin- 
cipal amount of the Notes at private (negotiated) sale; however, 
current financial market conditions including (without limita- 
tion) substantial, rapid variations in interest rates and the pres- 
ent high level of interest rates indicate financial market condi- 
tions which could change rapidly so that, at some subsequent 
time, it might better serve the interests of the City to offer and 
sell the Notes, either in whole or in part, at competitive sale; tak- 
ing these factors into account, the City has determined to 
authorize, and does hereby authorize, the Board of Finance (i) to 
sell all or a portion of the Notes at private (negotiated) sale, (ii) 
to sell the remaining principal amount of the Notes, If any, at 
private (negotiated) sale or at competitive sale, if the Board of 
Finance finds and determines that market conditions at the time 
of the sale of the Notes (including without limitation, the 
availability of interested prospective purchasers to negotiate for 
a purchase of the Notes) support a decision to sell such balance 
at competitive sale, or (iii) to sell the entire amount of the Notes 
at competitive sale, if the Board of Finance finds and determines 
that such financial market conditions existing at the time of sale 
then indicate that a competitive sale would be in the best in- 
terests of the City. The Board of Finance shall, by resolution, 
award the sale of any series of Notes to the purchaser or pur- 
chasers thereof. In connection with such award, the City is 
authorized to enter into a purchase contract, loan agreement or 
other document evidencing the agreement of the City and the 
purchaser or purchasers of the Notes which document (i) may 
contain such covenants and assurances deemed necessary or ap- 
propriate in connection with such award and (ii) shall be 
approved by the Board of Finance in the resolution awarding the 
sale of the Notes. 

The Notes of each series shall be suitably prepared and duly 
executed and delivered to the purchaser or purchasers at the ex- 
pense of the City, from time to time, as determined by resolution 
of the Board of Finance, upon payment of the face amount of the 
series of Notes plus accrued interest from the date of the series 
of Notes to the date of delivery. Such payment shall be made in 



488 ORDINANCES Ord. No. 964 

Baltimore Clearinghouse Funds by certified check upon, or bank 
cashier's, treasurer's or official check of, a responsible banking 
institution. 

SEC. 10. And be it further ordained, That, the proceeds from 
the sale of the Notes shall be paid to the Director of Finance, 
who shall deduct from the proceeds of the issue the amount, if 
any, paid on account of accrued interest on such series, which 
amount he shall set apart for payment on account of the first 
maturing interest on the Notes of such series. 

Upon approval of the appropriate vouchers in accordance with 
the established procedure of the City, or in accordance with such 
procedure as is approved by the Board of Finance, the Director 
of Finance shall pay, from the proceeds of each series of Notes in 
his hands, all expenses incurred in the issuance of such series of 
Notes, including, without limitation, costs of engraving, print- 
ing, advertising, attorneys' fees, underwriting discount, place- 
ment fees, consultants' fees, bond insurance fees, rating agency 
fees, initial fees for letters of credit or lines of credit, initial fees 
of the Trustee and all o